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REP^ORT 



JOINT COMMITTEE ON OUTRAGES. 



^'p. 



MONTGOMERY, ALA. : 

JNO. G. STOKES & CO., STATE PBINTEES. 
1868. 



'U 






REPORT 



JOINT COMMITTEE ON OUTRAGES. 



5 



REPORT. 



touv committee have examined "a large'iiumBeT of wit- 
nesses, from many parts of the State, of intelligence and 
unquestionable veracity, whose testimony abundantly estab- 
lishes the fact, that there exists, at least in many portions 
of Alabama, a secret organization of men, who disguise 
themselves with masks and other costume, for the purpose 
of committing crimes and outrages upon peaceable and 
law-abidmg citizens, and thereby escape detection, and the 
punishment which their villainies so justly merit. 

This organization is commonly known as the Ku Klux 
Klan. They generally make their appearance in the still 
hours of night, mounted on horses, also disguised in hke 
manner, and armed and equipped for their murderous 
work with guns, revolvers, knives and ropes. Un- 
der the covert of their hideous disguises, and the darkness 
of night, they go forth, from their secret haunts, to perpe- 



trate the most inhuman and brutal outrages, upon those 
whose ouly fault is, that tlioy have ever been true to their 
country and loyal to '^« -government. Your committee beg 
I-ea^nt Qi,f«)ftft/i63'£r9'!daior['QYhi' • - ' '"•' ' ,;tr. .t 

tlm^ikM?.. o^Jr vo .'»ao -.; , iT 1 .{one 



greatly threatened, and robbea. .^ . 
from his horse, while ovi hli^.way to . '];;» bfiijl, ^ 

ning of the present session, by men concealed in ambush 
by the wayside. A young man in company with him, also 
fell a victim of the same murderous felons. Another rep- 
resentative, who was in the company, escaped their shots, 
and fled alone from the scene of death to tell the tale. 

Another member of this Legislature was taken from his 
home, at the dead hour of night, by sixteen armed men in 
disguise, and conducted to the woods, and there whipped 
with sixty lashes, and then turned loose, with threats of vio- 
lence, if he should ever return to the General Assembly. 
Many others have received threatening letters, warning them 
to leave the State, or they would be assassinated in their 
houses. Others have had to seek military protection for 



safety. Others still have been hunted like wild beasts, and 
pursued, and shot at, and have very narrowly escaped with 
their lives. 

bers oa ..J , _, ^v. Ox j j^^iitical 

parties, for the most part colored men, have been 
driven, by threats and - intimidation, from the ballot 
box, and denied their civil and political rights. The 
school houses of loyal colored men have been burned ^ 
and teachers have been threatened and ostracised, and 
driven from their homes, and their employment, be- 
cause they were guilty of the offence of imparting knowl- 
edge to the ignorant. The sanctuary of home has, in 
many instances, been invaded by armed ruffians, at the 
hour of midnight. The peace of families has been broken, 
and many, through intimidation, have had to seek safety at 
nightj by lying in the woods, not daring to sleep in their 
own houses. Some have been most cruelly whipped ; others 
have been forced to leave their homes, and seek a safer 
residence among a less barbarous people. Not a few have 
been savagely murdered, being shot down, or cut with 
knives, or hung upon the trees, or in the bridges upon the 
■■ -■ ,'hway. Railrond trains have been thrown from the 
■"- . jring tL.. If-oq of the passengers. 

Officers of justice have been killed, or, as in one instance, 
violently assaulted while in the execution of his official 
duties, and driven off out of the county, not daring to re- 
turn, through fear for his life, and for no other fault than 
his political sentiments. Some of these crimes have 
been committed, not by disguised men, but openly, and 
boldly, and by daylight. Such is the depravity of public 
sentiment, in some places, that assassins and felons need 
no mask, or darkness, to shield them from arrest, or from 
the merited penalty of the law ; they are safe enough with- 
out disguise or concealment. 

It appears clearly, in evidence before your committee, 
that the laws upon our statute books are not adequate to 



6 

guard the public peace, and protect the lives of good and 
law-abiding citizens. The fact is too patent to need fur- 
ther affirmation or proof. Some special legislation, therefore, 
is imperiously demanded, to suppress these outrages by 
men who evade detection through the disguises they put 
on, and thus defy the law ; and if possible to bring to jus- 
tice the foul perpetrators of such horrid crimes. 

In some parts of the State, it appears, in evidence before 
your committee, to be impossible for the civil authorities 
to maintain order, protect life, and vindicate the power 
and the majesty of the civil law. If this is true, resort 
must be had to military force. Therefore, with all due 
respect to the executive authorities of the State, and to 
the members of this honorable body, we beg leave to re- 
commend that the following counties be placed under mar- 
tial law, to-wit : Madison, Lauderdale, Butler, Tuscaloosa 
and Pickens; and that His Excellency, William H. Smithy 
Governor of the State of Alabama, be authorized so 
to declare martial law in the several counties aforesaid* 
And we further recommend to this General Assembly, the 
passage of a joint resolution of the following title, for the 
purpose therein stated, to-wit : " Joint Resolution in rela- 
tion to declaring martial law," offered in the Senate, De_ 
cember 9th, 1868, referred and favorably reported, and 
made the special order for 11 o'clock on Monday next. 

For further evidence, and for corroboration of the facts 
herein adduced, your committee respectfully submit, with 
this brief and partial report, -the testimony given before us> 
under oath, and which we have on our files. 

All of which ^e respectfully present for the favorable 
consideration of this honorable body. 

Senate Chamber, December 14th, 1868. 

G. T. McAFEE, 
J. DeF. RICHARDS, 
E. F. JENNINGS, 
Wm. R. CHISHOLM, 
G. W. MALONE. 



TESTIMONY. 

Mr. J. J. Hinds of Decatur, being called before the co 3 
mittee and sworn, testifies and says : 

I was surrounded by about six or seven men near the- 
depot, dressed in uniform disguises which appeared 
to be a paper, or paste-board hat, about eighteen inches 
high, in funnel shape, point upwards, covered with a black 
mask, with eye and mouth holes. They had on what seemed 
to be red flannel pants, with white stripes up and down the 
seams, and a gown dropping near to the knees, of a dark- 
ish or brown color, and a belt of the same material. They 
seemed to be searching, or looking out for some person or 
persons. Connecting what I gleaned from their conversa- 
tion with other persons who were generally behind, and evi- 
dently in sympathy with them, and from the third party's 
declaration and threats, I am satisfied they were search- 
ing for some person or persons as victims. 

Affiant says, the second time I saw them, at the same 
place, a few days after that, they numbered about ten to 
fifteen, costumed as before, and seemed to be of the same fig- 
ure, height, and size. They were armed with knives in 
belts and had pistols in their hands, which they carried 
near their breasts. J. J. HINDS. 

Signed and sworn to, after being read over and approved 
by affiant, Nov. 18, 1868. 

G. T. McAfee, Chairman. 

Col. Perry Harrison, of the county of Madison, being 
called before the committee and sworn, testifies and says: 

Question — Do you know anything as to the recent 
commission of outrages, either on the members of this 
Legislature, or against the good and law-abiding citi- 
zens of this State ? If so, please state what, when, 
by whom, and against whom committed, and where com- 
mitted. 



8 

Answer — I have seen the Ku Klux, so-called, in 
the night time. I have seen these men disguised on horse- 
back in my county ; so disguised that I did not know them, 
nor could they be recognized by any person, being covered 
as to their horses and themselves, with what looked to me 
to have been a white gown covering their entire persons. 
Their horses were disguised also. 

Question — What means, if any, did they have of com- 
municating with each other? 

Answer — By a sharp, keen whistle. 

Question — At what time or times, if more than once, 
have you seen them ? 

Answer — I saw them twice before the 3d day of No- 
vember last, within two weeks before tiiat time, and 
once since, in the town of Maysville, in which I reside. 

A colored man, by the name of , (whose name 

is suppressed for prudential motives,) was taken out of his 
house at a late hour of the night, and whipped by the law- 
less band, and daringly charged to vote for Grant for Presi- 
dent, after his gun was taken away from him. 

There are about 175 voters in the beat in which I live, 
in favor of Grant and Colfax, but there were only two votes 
given on the day of election, for the Republican ticket. 
They were afraid of violence from such outlaws to their 
persons, and in fact their lives were threatened. 

Since the election, eight miles above me a colored man 
named Reuben, was found dead in the road, with his head 
split open by persons unknown. 

P. L. HARRISON. 

Signed and sworn to, after having been read over and 
approved by affiant, Nov. 18, 1868. 

G. T. McAfee, Chairman. 



Mr. Rice E. Harris, being called before the committee 
and sworn, testifies and says : 



G. M. Haley, being called before the committee, and 
sworn, testifies and says : 

That on the 31st day of October last, affiant was 
in the city of Huntsville, Alabama, at a public meet- 
ing held by the Republican party, in the Court-house, 
and at about the hour of 10 o'clock P. M., he saw 
about one hundred and fifty men, mounted on horses, come 
into said city, and march round to the west side of the 
Court-house, and went thence about one-half mile west, 
and then returned. As they went west shooting com- 
menced ; an d between twenty-five and fifty shots were 
fired. A part of their crowd, about twenty- five or thirty in 
the rear, were armed with double barrelled shot-guns. I 
saw no person killed, but the report was that four or five per- 



They followed me, cursing and tlireatning me, and telling 
me to leave, with drawn knives and one pistol, until I 
reached the woods. In my retreat, I sent back a friend af- 
ter my horse, and they took my horse from me, and Ihad 
to walk sixteen miles home. They threatened to kill me 
if I did not leave there. 

At a time just before the aforesaid acts, I saw a Mr. — 
Carter cut a man's nose, whose name was Cozelius, who took 
a Grant and Colfax ballot from affiant, and acknowledged, 
on being asked by Carter, that he had voted it; and Carter 
said, "do you believe a God damned nigger before me?" and 
then made the assault in which the cutting took place ; say- 
ing, "I will cut your damned throat." Affiant further states, 
that a keg of whisky was kept on said day while the ballotting 



16 

was progressing, in the shop of one Dr. Blythewood, in said 
Allenton ; and affiant states, he saw said Doctor offer a 
glass of whisky to one of the electors, and asked and solici- 
ted said voter to accept a Seymour ticket, which he did, 
and voted it, receiving and drinking the liquor, first prom- 
ising and agreeing to do so, and giving up a Grant and 
Colfax ballot in lieu thereof. Affiant says he saw said Doc- 
tor give away liquor to voters and others' unknown to affi- 
ant, and also gave to Reeves, which they also drank in said 
shop, on said day. Affiant further states, that said mob 
threatened the life of one Anderson who went with him, 
who also was pursued with him in their retreat from Allen- 
ton on said day of election. 

WILLIAM (his X mark) BLAKELEY. 
Signed and sworn to, after being read over and approved 
by affiant, 14th November, 1868. 

G. T. McAee, Chairman. 



Hon. Samuel S. Gardner, of Greenville, Butler county, 
Ala., being called before the committee and sworn, testifies 
and says : 

I was elected Judge of Probate in the February election, 
and received my commission in July from the Governor. 

On the morning after I entered upon my duties, the key 
hole of my office door was filled up, by having an iron 
wedge driven into it, breaking and spoiling the lock. 

Twice after that, the office was entered by means of false 
keys, and filth or tar spread over the furniture of the office. 

On the Gth, or 7th of August, I received a letter, well 
written and composed, declaiming against my so-called 
usurpation of the office, and threatening death in a secret 
and terrible manner, if I did not resign and leave before 10 
o'clock on the night of the 10th. 

On the 10th August, there was a great campaign meeting 
of the Democratic party. During the day, it was freely 
talked upon the streets, that I was to be dragged out and 



]6 

killed that night. The Marshal took extra precautions to 
guard against it, and after the time had past, told me that 
the parties who had intended to lead in the matter had be- 
come helplessly drunk, and would not probably do any- 
thing. 

A few days after, Isaac Long, deputy sheriff, came to 
my office door accompanied by a rude crowd, and carrying 
a transparency designed to ridicule me. The crowd made 
much noise and were very insulting. I called upon John 
T. Long, sheriff, but who had resigned, to arrest the par- 
ties as disturbers of the peace. lie answered that he was 
not sheriff, and Isaac Long defied any one to arrest him. 

On the 4th Monday of August, it being county court 
day, Ira W. Stott, coroner and acting sheriff, attempted to 
serve a warrant upon Benjamin Long, for assauft and bat- 
tery. This Benjamin Long tore up the warrant and cursed 
the acting sheriff, who afterwards refused to summon a 
posse comitatus. After the session of court, I appealed to 
the members of the bar, and all good citizens, to make a 
stand in behalf of the maintenance of the laws, and on the 
next morning issued another warrant for the same Benja- 
min Long. It was returned '-not found." A prisoner who 
was found guilty of assault, was taken to jail to be deliv- 
ered to Isaac Long, then in charge of the jail as deputy 
sheriff. Isaac Long refused to take him, declaring that he 
would not recognize my court. The prisoner has never 
been punished. After this, coroner Stott refused to act as 
sheriff", on the ground that the resignation of sheriff Long 
had not been accepted, Long himself would not act, and 
DO sheriff's business was done for six or seven weeks. 

Some time about the 10th of September, Enoch Hicka 
and one Curtis, came to my office, and began to make a 
difficulty. They went out into the entry, however, after 
a little, but were talking about shooting in upon us. Mr. 
Hart being with me, I went out to see. what they were 



17 

likely to do. Enoch Hicks then began to taunt the other 
with having bragged that he was going to kick me out of 
the office, and said that he had come to see him do it, and 
wanted him to keep his word. Curtis seemed disposed to 
give up his purpose and spoke politely. Hicks then cursed 
him, and said he wouid do it himself. He attempted to seize 
and kick me, when a citizen interfered, and he desisted. The 
next day, or the next after, Lewis Bear, a merchant in 
town, collected money from several countrymen at his 
store, saying he wished to give it to Enock Hicks for 
assaulting the Judge of probate. Several dollars were col- 
lected, ai§d he said he would give him two dollars if he would 
do it again, and wanted the others to agree to the same, to 
which they did agree. Austin Peterson and Whitman 
Simpson saw and heard this transaction. 

About a week after, one Daniel Whisker, whom I had 
never spoken to before, came into the office and demanded 
naturalization papers. I told him courteously that they 
were not there, and showed him the records to prove it. 
He persisted in demanding them, and developed that 
he had made that a pretext for an assault. He com- 
menced beating me, being backed and encouraged by 
several ruffians who cheered him on, and no one of whom 
would come to assist me, when called to preserve the 
peace. This struggle lasted some five jninutes before the 
police came, though in the public square, and a large 
crowd being gathered. 

I A few days after, W. McLean came to procure a retail- 
ers* license. He talked fairly, and asked me, after writing 
the license, to meet him at the bank, where he would pay 
for it, he fearing, as he said, that the bank would close. 
When I reached the bank, he took the license to read, and 
then pretended to find fault with the phraseology, though 
it was a copy of the form previously used. He then be- 
gan to abuse me, and act in a very threatening manner. I 
2 



18 

demanrled the license if he was not intending to pay the 
tax. lie then threatened my life if I attempted to take 
it, and readied for his pistol. I considered it a case of 
highway robbery, and said no more. He has since been 
retailing without license. 

About a week or more after this, I was proceeding up 
Commerce street towards my oflice, when I was met on 
the sidewalk by J. AV. Hardin, accompanied by Isaac 
Long. Hardin at once assailed me m a brutal manner, in 
the midst of a crowd of persons in front of a principal 
store. In the struggle, I succeeded in getting inside of 
the store, when Hon. J. A. Minnis made an effort to 
rescue me. He was resisted by Isaac Long. Hon. W. H. 
Crenshaw also attempted to effect the peace, but Isaac 
Long turned upon him with threats implying murder. 
Mr. Minnis persisted in his efforts, and after some minutes 
the assailant desisted. Thirty or forty persons were look- 
ing on, many of whom I called upon officially to preserve 
the peace, but no one responded excepting those named* 
I had had no acquaintance with Hardin, but his pretext 
upon assaulting me was that I testified to his acting as an 
abettor of the assailant Whisker. 

About the 16th of November, while sitting in my office 
engaged in business, Wm. E. Payne entered, and coming 
directly towards me, began an assault. Mr. Hart being 
present, took up a pistol, but immediately saw that he was 
covered by the pistols of two or three of Payne's accom- 
plices. This assault continued several minutes, during 
which Mr. Hart made an effort to come to my assistance, 
but revolvers were levelled at him, with threats of instant, 
death if he moved. Upon direct and reliable information that 
a plan was maturing to murder me, I came to this place 
on the 19th. Just before leaving, I wrote the letters mark- 
ed 1 and 2, and after reaching here received the letter 
marked 3. From time to time during the next ten days I 
received the letters marked consecutively to six. On Sat- 



19 

urday troops went to Greenville. On Monday, November 
2d, the board of county commissioners were to meet at my 
office, and the next day was that of the Presidential elec- 
tion. The business calling me there was so important to 
the welfare of the county, that I presumed I should be 
unmolested. I consulted on Monday with the sheriff, who 
after enquiry thought I should be safe in holding court. 
The commissioners were sure there would be no trouble. 
After holding court about an hour, two commissioners, Mr. 
Brock and Mr. O'Gwynn, the acting sheriff, Mr. I. "W. Stott, 
Capt. Posey, a justice of the peace, and others, being pre- 
sent, James Brunson entered the office, followed closely by 
four of the gang who had aided and abetted, or been prin- 
cipals, in former assaults, himself being armed with a 
heavy bludgeon, and began to assault me. 

The sheriff made no active attempt to prevent the assault, 
the abettors seeming to overawe all present, with the ex- 
ception of Captain Posey, who made an attempt to 
seize the weapon. Being left without any protection, 
finally I was compelled to escape by flight, knowing 
that resistance would provoke murder. My head was 
cut, and my hands and arms badly bruised. After 
dark that night, the town marshal came to me and urged 
me to go into the camp of the detachment of troops, say- 
ing that the crowd was gathering, and he was apprehen- 
sive of trouble. I remained in camp until the train came 
down from Montgomery, when the marshal urged me to go 
on board and proceed towards Mobile, so as to mislead the 
mob. I did so, and changed at Georgiana to the up train, 
although the marshal urged me to stay over a day or two 
at some point down the road. I was in the mail car when 
it returned through Greenville, and passed without molest- 
ation. I also offer in evidence of the fact that I cannot 
safely exercise the functions of my office, in Butler county, 
an editorial from the county paper, published on the 12 th 
November, (marked 7.) 

SAMUEL S. GARDNER. 



20 

Signed sud swcrrn to, after being read orer and approred 
by affiant, ITfch November, 1868. 

G. T. McAfee, CbairmaD. 



COEREHPOSDZMiE Dt KELITION TO S. S. &\ED]SEii''s TfSrnsCONY. 

[No. 1.] 

Greenville, Oct. 20, 1868. 

To Messt?s. Cren'sitaw and- Minnis — Dear Sirs: I 
renture to suggest a few thoughts from my point of view 
in regard to^the present state o-f afllairs in our town. I hope 
to say nothing that is not in strict consonance with truth, 
and lexically correct. And if possible, I hope my sugges- 
tions, (the source of which, of course, is not to be made 
Xnown,) may induce some kind of action to redeem the 
good name of the town and county. 

Lawless rufBanism is now in the ascer>dant, and the ques- 
tion is whether it shall be allowed to retain its fatal pre- 
eminence, or whetfeer there is not enowgb force in the 
public sentiment of good citizens, il it could only be ex- 
pressed, to gain the mastery. 

My position as an oliicer in the county rests upon the 
same biisis as that of tl:te Governor and the rest of the 
judiciary, and I 8Uip[K)se the good citizens do not intend to 
make an issue either by violence or law on that question 
now. The question of conspetency, after a little experi- 
ence, I think I can leave siifely in your hands. Now ap- 
plying the niaui Issue as expressed above to my case, should 
not tlie good citizeite, if in their power, take efficient 
measures to iiisure me safety in the exercise of my official 
duties'? If so, then the question is, is it in their power ? 

This is the test. And it seems to me that a meeting 
should be held, at which the record should be made, of all 
who are willing heartily to n:taintain the laws, irrespective 
^t political cousiderationsj and names should he subscribed 



21 

to such an engagement. If a better element should pre- 
dominate, and a prospect of securiag sufficient unity of 
seutiment to carry out the feeling into action, should offer, 
then I thiftk a comnaittee ghould be appoitited to institute 
prosecutions against all guilty parties its the late trouble, in 
the name of law and order, for ali the separate offences 
which they have committed. If Mr. Hart or I should 
attempt to take any suck steps, it would oaly be laying a 
broad foundation for private vengeance, 

I set down these thoughts with no desire or purpose to 
dictate, but only as indicating what aspect the duty of the 
occasion assumes in my own mind. 
Very respectfully, 

SAMUEL S. GARDNER, 



[No. 2.] 

Col. Minnis — I learn, since writing, that a meeting has 
been held, and that the party of quiet and law were not 
fully sustained. If this is not so, please give me correct 
information by letter at Montgomery. 

I learn from many sources, and such that I can. hardly 
fail to heed them, that the evil designs of the bad element 
are ripening so fast that I cannot prudently remain longer 
in town. 

Any probate business that can be done by mail I will do, 
for any member of the bar, at Montgomery, until I can 
return. 

I may want to send for my seal and some other things, 
■which I wish to have by me. If you have no objections to 
securing them and sending them to me, please so state, 
and I will send my key by express. If it is not agreeable, 
be free to state it so. 

I regret to leave, even temporarily, my rights and my 
living, but I think you will admit that they cannot be sue- 



22 

cessfully maintained at this juncture. With the warmest 
thanks for your kindness and candor, I remain, 

Yours truly, SAMUEL S. GARDNER. 



[No. 3.] 

Greenville, Ala., Oct. 28, 1868. 
Hon. S. S. Gardner— Dear Sir: Yours directed to 
Crenshaw & Miniiis, and also your note directed to me, 
were received. I can truly say that I regret the circum- 
stances and situation which has made it necessary for you 
to leave temporarily. Myself and Col. Crenshaw agree in 
the sentimeuts you express in your communication to us, 
and both attended the meeting last night, hoping to be 
able to effect, at least in some measure, the very objects of 
which you spoke. In your letter to me you say that since 
writing the other you had heard of the meeting Isst night, 
and that '-the party of law and quiet were not fully sus- 
tained," and asked me if that was not so to give you in- 
formation by letter at Montgomery. It is painful to me, 
but candor compels me to admit that you were correctly 
informed. I will try to give you a correct idea of the meet- 
ing. I suppose there was about one hundred men present. 
Myself, Col. Crenshaw, Col. Herbert, Mr. Posey and Dr. 
Broughton took ground for law and order, peace and quiet. 
Judge Lane took ground for law and order, I suppose, as he 
understood it. But he spoke of Judge Gardner being 
whipped as a matter of little consequence, calculated to 
produce no disturbance, and spoke of it in such a manner 
that surprised me, and reafly taking into consideration his 
position in society, that was calculated to do much harm. 
J. T. Long, in answer to what should be done with you said, 
'box him up and send him North," and further distinctly, 
stated that he would not obey any precept or official act 
from you as judge, and that there was a thousand men in 



23 

the county the same way. He said he had saved you from 
being killed, but that he would not do it again. Other 
men used very violent language, all of whom were loudly 
cheered. I had no idea things were as bad as last night's 
meeting developed. I have given some of the remarks 
that were publicly made simply to give you an idea of the 
situation. The men above spoken of advocating order did 
everything in their power to quiet and allay, and a resolu- 
tion was passed that we would preserve peace, order and 
law, but at the same time they sympathize with Long, who 
takes the position that he has a right to judge for himself, 
and judging for himself, you are not legally judge. I am 
of the opinion, in the present state of feeling, and with the 
present means of protection, you would not be safe here. 
You know I am no alarmist, but I do think your life would 
be in danger. I do not think you would have been in 
immediate danger here for a few days. But for some ur- 
gent business I should have called to see you to-day before 
you left, and was jut't in the act o( doing so when I re- 
ceived your communications. In relation to your seal, I 
am very willing to do you any favor compatible with 
my judgment of what is proper. I am not so fully cer- 
tain, but hope that you will ndt need it for a day or two. 
I will think about it and let you know. I will not be de- 
terred by any consideration but rigiit, and will think 
about that. I have endeavored hastily to give you a cor- 
rect idea of the situation. You will govern yourself 
according to the dictates of your judgment, and I can only 
say for myself and for Col. Crenshaw, as I think, that 
whatever differences we have in politics, however strong I 
may be for the success of Seymour and Blair, we are 
equally strong for law and order, for the full maintenance 
of order by the law; that whatever we may think even of 
the means by which the State Government has been made, 
we regard it as an accomplished fact, and only to be 



24 

changed in the manner pointed ont in the constitution ; 
and hence for the Siike of law and order, the government 
is to be sustained. 

These sentiments are heartily endorsed by Col. Cren- 
shaw. Let roe bear from you. 

Sincerely yours, J. A. MINNIS. 

Excuse bad writing ; 1 have writteD hastily. M. 



[No. 4.] 
Greenville, Ala., Oct. 30, 1868. 

Judge Gardner, Montgomery, Ala. — Dear Sir: I 
arrived here all safe and found everything quiet. The 
streets are paraded by mounted men every night. I would 
advise you by all means not to return now, as your life 
would be in danger; besides, I think your absence is a 
great punishment to the people here. They are very anx- 
ious to have you resign, and much frightened at the pros- 
pect of having the county records moved to Montgomery. 
Hold on to the office at all hazards, and if possible effect 
this latter arrangement in justice to yourselt, for it is your 
only hope of safety. 

Col. Sewell called this morning and enquired about you, 
says the people will not allow you to stay here, and 
that these kind-hearted, law-abiding gentlemen will not 
and cannot tolerate you. 

From statements made by men in this and Crenshaw 
counties, we can scarcely hope for a fair election. 
Very truly, 

J. F. McGOGY. 



[No. 5.] 

Greenville, Ala., Oct. 25, 1868. 
Judge Gardner— Z>3ar Sir: Your brief note received 
this morning. I have sent the enclosed to Dr. Grover. I 



25 

hardly know what to reply -io your query, but I don't think 
it will be safe unless you bring troops. They have organ- 
ized a large police force, but I have no confidence in them, 
for two-thirds of them were connected with the disturbance 
on Sunday a week ago. Everything quiet now, but I think 
your appearance would be the signal for more trouble. 
The arrest and punishment of Payne created a great deal 
of indignation towards the Mayor. It would be impossible 
for me to stay here, were I not in the Government employ. 
I addressed a note to Mr. McKellar, a day or two since, 
telling him that he would be held responsible to the mili- 
tary authorities for any violence toward me. I had heard 
that day that it was the intention of some of the rowdies 
to beat me as they did you, and drive me from the place. 
He replied that he thought the police force was large 
enough to protect all the people of this place, and that he 
would tell Mr. Perdue to see that I was not molested. 

It is the general impression that troops will be here in a 
few days. If people are disappointed in this, they will be 
worse than ever ; they are only quiet through fear. 

There is a great deal of business here requiring your 
attention. I am called on frequently every day by men 
having business with you. I am inclined to think that 
your leaving is something of a punishment to many. 

Mr. Crenshaw is very solicitous about you; considers 
the present state of affairs very deplorable ; he thinks that 
troops ought to be sent here, &c., &c.; he calls every morn- 
ing and inquires if I have heard anything of you. 

There was a rumor a day or two ago that you and Hart 
had not been seen in Montgomery, and it is supposed that 
you had gone to Gen. Meade. 

I have received no letters for you or Hart since you left, 
excepting public documents. 

Let me hear from you again. Give my regards to Hart. 
If the people here find that troops are not going to be sent, 
they will be worse than before. 

Very respectfully, HENEY BOOTHE. 



26 

N. B. — I have not seen Dr. Coleman for two or three 
days. The day I hist saw hiiu, Billy Wright and his son 
had been after him again. He is either gone, or keeping 
very quiet. Boothe. 

[No. 6.] 
Greenville, Ala., 28th Oct., 1868. 

Friend Gardner — McGogy Wias just returned to-day 
and informed me that he don't think you received any let- 
ter from me. I wrote you the day after you left here, and 
addressed care of Secretary of State's office. Did you re- 
ceive it ? 

He tells me you wont come back till after the election. 
You are right ; it is not safe for you to come here at pre- 
sent, until law and order can be enforced. 

I send this in McGogy's official mail and hope you will 
get it. Send your letters to me either by express, or seal 
the letters with sealing wax. 

Write me on receipt and give me all the news, and be 
careful of your pretended friends from this point of the 
country. W. MILLER. 

[No. 7.J 

[From tlio Greenville Advocate.] 

We know the men who persecute Gardner here, and we 
believe that there is no risk in saying that they are loyal 
and true men. We know them to be men of undaunted 
courage and unbending honor ; and knowing at the same 
time that it is outraged justice that stimulates their resist- 
ance, we can but feel a sympathy in common with them ; 
yet feeling that violence is vain and futile, and that resist- 
ance can do no good — contrary to the natural dictates of 
the heart, we have ever counseled submission. We did it, 
and do it still, not out of sympathy or respect for Gardner, 
but from a painful knowledge of the fact that we are a con- 



27 

quered people — powerless to protect ourselves against in- 
sults and injuries. At the time that the meeting alluded 
to was held, we had the best of reasons for knowing that 
John T. Long and his friends were our friends, yet we did 
not shrink the responsibility when asked to do so, on that 
occasion, of expressing our candid opinion with reference 
to the troubles in our midst. We advised submission to 
law until a legal and peaceable method could be reached, 
by which our wrongs could be redressed. This we are 
convinced was the feeUng of every good man who sup- 
ported those resolutions ; and we hope yet that out of res- 
pect for the interest and welfare of our own people, vio- 
lence will cease, and give place to a patient determination 
to endure the evils we have, rather +han fly to those we 
know not of. We are in the hands of a vindictive, malevo- 
lent and overbearing people who have the power to afflict 
us with burthens that will clog our prosperity and destroy 
that happiness and peace of mind with which an uncon- 
querable hope continues to tantalize the brain. But what- 
ever may be the result, we will never attempt or counsel an 
attempt by others to suppress it by force. If our friendly 
admonitions do not prevail, we will never array ourself in 
hostility against our friends and our countrymen for the 
protection of a worthless vagabond, who could at once 
avoid all of this trouble by tendering to Gov. Smith his 
resignation, and leaving the people of Butler ^county free 
to elect some one of their own choice. 

Gardner, your professions of fairness are not to be cred- 
ited ; you know that it is only your own selfi'sh interest 
that you seek to promote. You care nothing for the wel- 
fare of the people of this county, nor do you desire that 
they should live in peace, for you very well know that this 
can be best promoted and accomplished by your resigna- 
tion and final absence. You say that this would be per- 
mitting wrong to triumph over right, or that such conduct 
on your part would be an admission that "force has equal 
claims with right." You know very well, Gardner, that it 



28 

would involve no such principle. You know that our op- 
position to you is a holy and a just one, according to every 
principle of natural justice. You know that the manner 
in which you hold your office is a villainous usurpation — 
contrary to every fundamental principle of the Constitu- 
tion which you profess so religiously to revere. You know 
that according to the form of government that we claim to 
have, the people have an inalienable right to choose and 
elect their own officers. You know, furthermore, that your 
election was not the will of a majority of legally constitu- 
ted electors of this county. You know that you were 
elected by the negroes, and the negroes alone. Y'ou know, 
also, that your fees and emoluments of office, if you receive 
any at all, must come out of the white people, who never 
consented to your election, and who are opposed to your 
holding the office now. You know that there is no earthly 
reason why you should persist in occupying a position for 
which you are totally unfitted, and in which there seems to 
be a settled determination that you shall not remain. You 
cannot truthfully say that the negroes would not receive 
justice without you to administer it to them : it has been 
dispensed, from the same seat that you now occupy, for 
three years past, and not one appeal was ever taken. You 
must confess that nearly universal satisfaction has been 
given. Then if you are wrongfully Judge of Probate, and 
those who oppose you with such violence are only actuated 
by a desire to see the right prevail — to have an officer of 
their own choosing as the law directs, instead of an un- 
qualified usurper ; where would be the triumph of wrong 
over right if you should yield to the pressure brought 
against you. iou threaten us with a protracted absence, 
until the people of Butler county give you well-grounded 
assurance that you can remain among them, etc. We tell 
you, candidly, that we believe the assurance will never be 
given. We tell you with equal candor, that we do not be- 
lieve that the opposition against you here will ever cease 
so long as you continue to hold the office. 



29 

You know that the men who oppose you here are de- 
termined and desperate. You are mistaken when you con- 
clude that it is their intention to take your Hfe. We do 
not beheve that such is the case, unless you should attempt 
a resistance in a manner that would render it necessary. 
And if you can get your consent to take a genteel flogging 
every morning, you may return at once without fear of fur- 
ther molestation than this implies. And you have seen 
that Federal troops do you no good. The people here will 
respect the troops and give to you your daily dues, and if 
troops could afford you any relief, they could not always 
remain ; and if they did, they could not be with you con- 
tinually. We have never approved the course pursued to- 
ward you, but it was not on your account ; yet we have 
become convinced that no amount of remonstrance on our 
part can check it, hence we tell you frankly what we believe. 



Mr. John A. Hart, of Greenville, Ala., being called be- 
fore the committe, and sworn, testifies and says : 

On or about the 24th day of October, 1868, while Sam. 
S. Gardner, probate judge of Butler county and I were 
sitting in the office of probate in the city of Greenville, a 
man by the name of William Payne, entered and laying his 
hand on judge Gardner's shoulder, commenced cursing him 
(the judge). I saw Payne intended violence, and I drew 
my revolver for the purpose of shooting him. He with an 
oath, told me that there were many others to take care of 
me. Turning around to the door, I saw two of his associ- 
ates with revolvers in their hands, and two others of his 
friends immediately outside the window. I saw that re- 
sistance would be committing suicide, so I stepped out of 
the window and called for colored men to come and help 
us. As soon as I called, two of the armed men drew and 
cocked their revolvers, and leveled them at my head ; one 
of them said to me, " if you call on your damned nigger 



30 

friends to help you, I will murder you." They tried to get 
their liauds upon me, but I kept out of their reach. By this 
time Judge Gardner and his assailant worked themselves 
out into the Court-house yard. I, seeing judge Gardner 
with a bleeding face, started to run toward him to rescue 
him ; but had not advanced more than three or four steps, 
when three of our enemies leveled their revolvers at my 
head, and with oaths said : if I attempted to interfere they 
would blow me through. I being alone, could do nothing 
to free judge Gardner, but waited until he was freed, when 
we started toward our room together. During the melee, 
scores of citizens in the streets witnessed the outrage and 
everything conduced to the belief that it was a preconcer- 
ted affiair. Words, oaths and the calling of the citizens, indi- 
cated almost a unanimous sympathy and approbation of the 
citizens who witnessed the scene. They cursed and abused 
us, and called on our assailants to " kill the God d — d s — s 
of b — s ;" "run them out of town," "give them h— 1," 
and words of kindred nature. After this difficulty I re- 
ceived the most violent abuse and assaults from the citi- 
zens, while passing through the streets. Judge Gardner 
and I took different streets to our room, he arriving there 
first. This was about 3 o'clock p. m. At about 5 o'clock 
p. m., I walked out into the street, and was again most 
violently assuulted and abused by some of the citizens. 
The abuse was almost wholly on account of politics. 

JOHN A. HAKT. 
Signed and sworn to, after being read over and approved 
by affiant. G. T. McAfee, Chairman. 



Mr. Isaac Long, being called before the committee and 
sworn, testifies and says : 

Interrogatory first — Please state what you may know of 
the above recited resolution, if anything? 

I know there has been a difficulty between Judge S. S. 
Gardner of this place and other persons. 



31 

Interrogatory second — What office does Judge Gardn er, 
or did he hold, at the time of the difficulty you allude to ? 

Answer — The office of judge of probate of Butler county. 

Interrogatory third — When did the difficulty take place, 
and where ? 

Answer — The first difficulty I saw was about the last days 
of September, or first of October, I can't recollect precisely 
the time, betwixt Judge Gardner and J. W. Hardin ; it 
took place in the streets of Greenville, and ended in the 
store of Mr. Gabriel. 

Interrogatory fourth — What were the circumstances of of- 
fence on the part of Judge Gardner, if any, on that occa- 
sion with Mr. Hardin ? 

Answer — I saw none, but I heard Mr. Hardin ask 
him, why did you say that? I did not know what he 
(Hardin) meant at the time. Gardner said upon reflec- 
tion, he took that back. But Hardin said he (Gardner) 
had no right to have said it. They had hold of each other 
when I turned to them. I saw Hardin strike him, and 
he struck him several times in the course of the difficulty. 

Interrogatory fifth — Did they remain while in the diffi- 
culty before said store door ? 

Answer — No ; they went inside the store-house, Hardin 
having hold of him all the time. 

Interrogatory sixth— -What did Hardin do then, and how 
long did he remain hold of him ? 

Answer — I don't know what length of time. We separa- 
ted them ultimately. 

Interrogatory seventh— How did you separate them? 

Answer — Col. Minnis took hold of Judge Gardner, and I 
took hold of Hardin, and we separated them as soon as we 
possibly could. 

Interrogatory eighth — Why was it difficult to separate 
them ? 

Answer — It was because of Mr. Hardin's holding on to 
Judge Gardner' 



32 

Interrogatory ninth— Was Judge Gardner fighting, or 
trying to get away from Mr. Hardin ? 

Answer — No ; he was trying to get away. 

Interrogatory tenth — Did yon or not, hear Mr. Hardin 
assign any other reason for beating Gardner than the one 
stated in your answer to the fourth interrogatory above, 
before they were separated ? 

Answer — I heard none other. 

Interrogatory eleventh — Was Judge Gardner hurt in the 
said difficulty by Mr. Hardin ? If yea, by what signs or 
evidences do you come to this conclusion ? 

Answer — He was ; I saw some blood ooze out of his nose. 

Interrogatory twelfth — How long did said difficulty last 
from the time Mr. Hardin seized hold of Judge Gardner ? 

Answer — From three to five minutes. 

Interrogatory thirteenth — Did any one person, or more 
than one person, urge on the difficulty, or aid or abet 
Hardin by threats, or otherwise, or oppose their being 
separated ? 

Answers — In the negative. Some onejasked him, Har- 
din, to stop. 

Interrogatory fourteenth — Is the above the only difficulty 
between Judge Gardner and other persons that you have 
seen? 

Answer — It is not. 

Interrogatory fifteenth, Please state any others you may 
know of ? 

Answer — I saw Wm. E. Payne and Judge Gardner in a 
difficulty ? 

Interrogatory sixteenth — Please state the circumstances 
and the time. 

Answer — I think it was in the latter part of October, 1868. 
Payne and Judge Gardner had a difficulty. Shortly after 
Payne went to Judge Gardner for a marriage license, as he 
told me ; they were engaged, seemed t.o be in a fight ; they 
had hold of each other ; in a short time after that they 
came out of the south door of the court house hold of each 



33 

other. Gardner seemed to be trying to get away ; after 
that, I saw Payne strike him at a wall, and again at the 
fence — Gardner appearing evidently to be trying to get 
away. 

Interrogatory seventeenth — Was Mr. John A. Hart pre- 
sent at that time ? 

Answer — He was. 

Interrogatory eighteenth — While William Payne was 
beating Judge Gardner, and Mr. Hart attempted to inter- 
fere, did you, or not, say to Mr. Hart, " God damn you, if 
you interfere I will blow you through," and at the same 
time draw your pistol (or revolver) and point it at him ? 

Answer — I did not. 

Interrogatory nineteenth — Did you have a pistol, if so, 
did you draw it at that time ? 

Answer — I had a pistol ; I had my hand on it ; I had it in 
my pocket at the time. I did not draw it on any one. 

Interrogatory twentieth — Do you know of any persona 
drawing lots to decide who should beat Judge Gardner ? 

Answer — I do not. 

Interrogatory twenty-first — Did you not interfere in Mr. 
Gabriel's store, or in front of his store, to prevent Mr. 
Crenshaw from parting William Hardin and Judge Gard- 
ner while the Judge was being beaten by Hardin ? 

Answer — I did not ; thought that Mr. Crenshaw was going 
to interfere in the difficulty. 

Interrogatory twenty-second — Did you not on the same 
occasion, draw a cane on Mr. Crenshaw, and ask him if he 
was turning to be a radical too ? 

Answer — Did not ; had no cane, and did not use the ex- 
pression. 

Interrogatory twenty-third — Did you on the afternoon 
that Judge Gardner was assaulted by William Payne, or 
the following night, hear certain person, or persons say 
they intended to kill the carpet-baggers out, or make them 
all leave Greenville ? 

Answer — Heard no such language. 
3 



34 

Interrogatory twenty-fourth — On the same night do yon 
know of C3rtaia persons coming to the bureau oflSce, and 
kicking in one pannel of the front door ? 

Answer — I do not ; was not nearer the office than Messrs. 
Bear & Gaudy's store. 

Interrogatory twenty-fith — Do you know of certain per- 
sons coming into the bureau oflSce and swearing that all 
carpet-baggers should leave within ten days ? 

Answer — I do not. 

Interrogatoy twenty-sixth — On the night following the 
assault by William Payne on Judge Gardner, do you know 
of certain armed persons going into the train, bound for 
Montgomery, and searching the cars? if so, who were they 
and what was their object ? 

Answer — Do not ; was not there at train time. 

Interrogatory twenty-seventh — Do you know of any other 
affray with Judge Gardner than the two mentioned ? 

Answer, Saw James Brunson rapidly pursuing him with 
a cane, with the evident appearance that he wished to 
strike him. That was all I saw of that affair. 

Interrogatory twenty-eighth — Was there any other per- 
son in the court house, at, or near the door, when the dif- 
ficulty took place between Mr. Payne and Judge Gardner, 
except those already mentioned? 

Answer — Saw none others. 
Interrogatory twenty-ninth — To the best of your 
knowledge and belief, do you think that Mr. Payne went 
to Judge Gardner in good faith to obtain a marriage li- 
cense, or was it to bring on a quarrel with Gardner ? 

Answer — I have good reason to believe that from what 
has transpired since, he went there with the view of a difl5- 
culty with Judge Gardner, for he has not since been mar- 
ried. ISAAC LONG. 

Signed and sworn to, after being read over and approved 
by affiant, 24th November, 1868. 

G. T. McAfee, Chairman. 



35 

Mr. J. H. Gabriel, of Greenville, Ala., being called before 
the committee, and sworn, testifies and says : 

That on or about the early part of October last, 
I was quite busily engaged in my store when my at- 
tention was called to a difficulty between the above men- 
tioned parties, at the corner of my store. Some fixtures in 
the store at first obstructing my view of the scene, I found 
that they were backing into my store, and I went immedi- 
ately in front of the counter, in order to prevent my house 
becoming the field of disturbance. I spoke to Mr. Long, 
who was standing by, and told him that I could not allow 
such conduct in my store, and attempted to separate the 
parties. Mr. Long replied that he was willing to assist me 
in putting both parties out, to which Mr. Hardin consented. 
My attention was then called to the other side of the 
house, my view being obstructed from the scene. I then 
noticed that Col. Minnis entered the house, and succeeded 
in separating the parties. 

Interrogatory 1st — Did you see Mr. Hardin strike Judge 
Gardner ? 

Answer — I did. He struck him several times. 

Interrogatory second — Did you see Judge Gardner strike 
Mr. Hardin, and did the Judge fight any in your presence ? 

Answer — I did not see him, (Judge Gardner,) strike Mr. 
Hardin. He did not fight any in my presence, but 
seemed to be trying to get away. 

J. H. GABEIEL. 

Signed and sworn to, after being read over and approved 
by afiiant, 25th November, 1868. 

G. T. McAfee, Chairman. 



Mr. J. T. Long, of Greenville, Ala., being caUed before 
the committee, and sworn, testifies and says : 

To interrogatory first — Do you know of any outrages re- 
cently perpetrated, either by armed bands of outlaws 
against the members of the General Assembly of Alabama, 



36 

or apjainst any of the good and law-abiding citizens of this 
State, or by auy other persons ? 

Answer — I do not. I saw Col. Bowen and Dick Grey, 
some two months ago, lighting at my door ; I parted them. 
I saw Enoch Hicks and another man, and had them part- 
ed, and the next morning they made friends in my pre- 
sence. I saw Wm. Payne and Capt. S. S. Gardner, at four 
to six weeks ago, I do not know precisely ; they were at 
the court house fence fighting. 

Interrogatory 2d — Which of the two persons last named 
made the assault ? 

Answer — I do not know ; they were together when I saw 
them, 

Interrog'y 3d — Did Judge Gardner fight Payne, or did he 
appear to you from where you stood to be trying to get 
away from, or prevent said Payne from doing him personal 
injury ? 

Answer — Payne struck at him, and I expect he hit him 
and Gardner pulled him round against the fence ; persons 
parted them very quickly, and I went back into my store- 
house, did not see much of it ; was not very close to them. 
This is the only time I've seen Judge Gardner molested. 

Interrogatory 4th — Did you say at a public meeting in 
the court house, that you would not obey any warrant, or 
order from Judge Gardner, because he is not the probate 
judge of this county ? 

Answer — I said I did not consider him legally elected ; 
thought him legally defeated under the regulations by 
which the election was held. I did say I, as sheriff, had 
refused to obey the orders of Judge Gardner, and imme- 
diately resigned my office. 

Interrogat'y 5th — Did you say that you had saved Judge 
Gardner's life once, but never would again ? 

Answer — I did. 

Interrogatory 6th — If so, when and where did you pre- 
vent murder, and who attempted, or intended to take his 
Hfe? 



37 

m 

Answer — On the 25th day of December, 1867, Jim Mitch- 
ell and other colored men, and others, were about to take his 
life, and I prevented it. Also, on a time, over a year ago, 
perhaps in the fall of 1867, the negroes were making much 
noise in the firing of guns, &c. ; the white people became 
much excited and exasperated at so much noise and fuss, 
and beheving Capt. or Judge Gardner, was the cause of it, 
they threatened his life if it was not stopped. I interposed 
and I think I saved his life more than once, in thus inter- 
fering with the whites and persuading them not to put 
their purposes into execution. Joe Jones and Wm. Kelly 
were of the number of white men so threatening said Gard- 
ner's life. 

Interrogatory 7th — Did you say that there were a thou- 
sand men in this county like you, who never would respect 
Judge Gardner, and that they were ready to oppose him at 
any time ? 

Answer — No. I did say there were various others who 
entertained the same opinion as I did of Judge Gardner. 

Interrogatory 8th — Did you ever assault and beat James 
Owen on Commerce street, on account of his politics ? 

Answer — No. 

Interrogatory 9 th — Did you on the same day, and while 
sheriflf of Butler county, assault and curse Mr. McMullen, 
because he had been elected sheriff of this county ? 

Answer — May have done so ; don't know ; was drunk. 

JOHN T. LONG. 

Signed and sworn to, after being read over and approved 
by affiant, November 24th, 1868. 

G. T. McAfee, Chairman. 



Mr. Edward Bowin, of Greenville, Ala., being called be- 
fore the committee, and sworn, testifies and says : 

Interrogatory first. Do you know of any outrages that 
have been committed by armed bands of outlaws in this 



38 

State, either against members of the General Assembly of 
Alabama, or against other good and law-abiding citizens of 
said State? If yea, please State who they were, and 
against whom were they committed, and at wh at time they 
were perpetrated. 

Answer — I do not know. 

Interrogatory second — Are you acquainted with Judge S. 
S. Gardner as a man, or as Judge of the Probate Court of 
Butler county ? 

I have an acquaintance with him as such Judge ; I know 
him when I see him. 

Interrogatory third — What is the state of feeling in this 
county with regard to Judge Gardner at this time ? 

Answer — The people don't want him to be judge. This 
feeling pervades this county pretty generally. 

Interrogatory fourth — Does this feeling proceed from any 
incapacity in Judge Gardner to fulfill the duties of his 
office, or is it a purely personal matter ? 

Answer — I do not think it is for liis incapacity, but is of 
a personal nature altogether. 

Interrogatory fifth — What are the personal objections ? 

Answer, I know nothing personally. AVhat I know is 
from rumor. 

Interrogatory sixth — Do you think that Judge Gardner 
could come back here and exercise the fanctions of his 
office with safety to his person ? 

Answer — I don't think he could. 

EDWARD BOWIN. 

Signed and sworn to, after being read over and approved 
by affiant, November — , 1868. 

G. T. McAfee, Chairman. 



Mr. P. C. Lyman, of Greenville, Ala., being called before 
the committee, and sworn, testifies and says : 

Int'y 1st — Do you know any outrages having been per- 
petrated by armed bands of outlaws against the members 



of the General Assembly of Alabama, or other good and 
law-abiding citizens of this State ? If yea, please state by 
whom ; against whom, and at what time and place were 
they so committed ? 

Answer — I know it by hear say. 

Interrogatory second — Have you heard any person 
say anything which will go to establish outrage on any 
other person or persons, by such person so saying ? 
Answer — I don't think that I have, I may or may not. 
Interrogatory third — Have you seen any person or per- 
sons upon whom outrages have been committed ? If so, 
who, at what time, and place ? 

Answer — I have seen Judge Gardner at this place, com- 
ing up from the courthouse, passed my store — at one time 
he came into the store, and asked us to lend him a hat, as 
he was without a hat. I should say it was in October, 
previous to election, between the I5th and 25th of October, 
at the time Payne beat him. Judge Gardner was bloody, 
looked like he had been gouged in iiis eyes; had the back 
of his coat torn right off him, had nothing remaining but 
the sleeves and front of his coat ; the balance of his clothes 
remaining on him and not injured. Another time previous to 
that above stated, I saw Judge Gardner pass the store, his 
clothes were torn, his coat in particular. Witness saw no 
marks of violence on his person at that time, except as 
here stated. 

Interrogatory fourth — What is the state of feel- 
ing existing in this county, in regard to Judge Gardner, 
at this time? 

Answer — It is very much against him. I don't know of 
any friend that he has got. I don't know of any person 
that wants him to come back. 

Interrogatory fifth — Are the objections against Judge 
Gardner on the grounds of his incapacity to perform the 



40 

functions of his office, or are they purely of a personal 
character? 

Answer — I should say they are of a personal character 
wholly. 

Interrogatory sixth — What are the personal objections, or 
some of them ? 

Answer — The first objection was the way he obtained 
his office ; it was his conduct durinsr his election. It was 
so reported, as he was a candidate, he also received the 
votes at the ballot-box at this place. All the votes of 
this county were received at this place; he received the 
votes and put them in the ballot-box at the time, so it is 
stated by others. I was not myself at the polls at any 
time during the election. I think it continued to be held 
four days. 

Interrogatory seventh — Had Mr. Gardner any opponent 
for the office of judge of probate of Butler county, at said 
election? 

Answer — I think not. 

Interrogatory eight — What other objections have the 
people of Butler county to Judge Gardner of a personal 
character ? 

Answer — Rumor reported him as trying to array the 
blacks against the whites. I never saw him or heard him 
do so. The charge was this, that he was interfering with 
the freedmen with regard to their contracts with the farm- 
ers; sending for them when they were busy with their 
crops. I never heard anything more, only political op- 
position to him. 

Interrogatory ninth — Do you think Judge Gardner can 
safely return to this county and enter upon the discharge 
of his ofHce ? 

Answer — I do not think he can. 

P. C. LYMAN. 



41 



Signed and sworn to, after being read over and approved 
by affiant, Nov. 25, 1868, 

G. T. McAfee, Chairman. 



Ira W. Scott, being called before the committee and 
shown, testifies and says : 

Interrogatory 1st — Please state all you know as to and 
concerning the subject of investigation as embraced in this 
caption, and especially all you know as to any outrages 
committed against Hon. S. S. Gardner, judge of probate 
of Butler county, within the last eighteen months, etc. 

Answer — On 2d November, 1868, I was in the office of 
the judge of probate ; Judge S. S. Gardner was present, also 
J. P. Brock, C. O. Gwynn, Capt. Posey, and some others 
I was writing for some one, when I heard some one re- 
mark, " A parcel of hell-hounds are we," or words to that 
effect. I looked up and saw Jas. Brunson striking S. S. 
Gardner with a stick or walking cane. S. S. Gardner re- 
treated from Brunson and went out of the door. The 
above is all I remember to have seen, as a violation of law 
within the last eighteen months, except as hereinafter 
stated. 

Interrogatory 2d — Did you at any time take a warrant 
issued by Judge Gardner, against Benjamin Long, for his 
arrest ? 

Answer — I did. 

Interrogatory 3d — "What did Benjamin Long do with 
said warrant? 

Answer — He tore it up in my presence. 

Interrogatory 4th — "What did said Long say at the time? 

Answer — On asking him, Do you propose to respect this 
warrant ? he said, I don't want to be bothered now. 

Interrogatory 5th — Did the jailor, Benjamin Long, ever 
refuse to receive a prisoner whom Judge Gardner legally 
committed to jail? 

Answer — Mr. Richard Felder, my deputy, acting under 



42 

my authority, as the then acting sheriff, informed me, that 
Mr. Long refused to receive the prisoner, upon the gi'ound 
that Gardner was not the legal judge, and refused to re- 
spect said Gardner's authority as such judge. I think it 
was Mr. John Long, or Mr. Isaac Long that refused to 
receive the said prisoner, which prisoner I then turned 
loose. My deputy, Mr. Felder, also told me that Mr. John 
Long said affiant had no authority to act as sheriff ; that 
his (John Long's) resignation had not then been accepted 
— he had no notice to that effect — that he was then the 
legal sheriff of the coanty. I. W. STOTT. 

Signed and sworn to, after being read over and approved 
by affiant, November 24, 1868. 

G. T. McAfee* Chairman. 



John A. Minnis being called before the committee and 
sworn, testifies and says : 

I never was present but on one occasion when any vio- 
lence was attempted upon Judge Gardner, the date of 
which I do not now remember ; it was after the office of 
probate judge had been broken open, after the time 
that some persons had poured a considerable quantity of 
tar over the office, and after I had heard he had been 
attacked in his office. I was in my office, on the south 
side of Commerce street, over the book store, probably 
some two hundred yards east of the rail road depot in 
Greenville, Ala. I heard a disturbance on the side- walk ; 
some person said it was some man beating Judge Gardner. 
1 went immediately down on the street, and a few doors 
west of my office, at Mr. Gabriel's store, I saw a man 
I learned was Mr. Hardin. He had hold of Gardner, 
near the door ; he seemed to be trying to pull Gardner out, 
who seemed to be endeavoring to prevent being pulled out. 
I also saw Hardin strike, or attempt to strike him, also to 
kick him, as I thought. I do not think Gardner attempted 
to strike at all ; it seemed to me his whole effort was to 
keep from being pulled out of the house; when I got up 



43 

I begged them to desist ; there were several men around, 
amongst others, Isaac Long. I found talkiDg and appeals 
of that sort did no good. I caught hold of Hardin, say- 
ing, as well as I remember, it must and should be stopped. 
When I caught hold of Hardin, Isaac Long told me not 
to catch hold of one man while two were fighting. I stated 
to him he knew as well as I that but one was fighting, and 
asked him to take hold of Hardin and I would take hold of 
Gardner, and we would part them. He did not, as I think, 
do so. I let Hardin go, and got rather between them, so 
as to separate them. Judge Gardner then went out at the 
door and went immediately towards the Bureau ; I walked 
with him a short distance, and as there seemed to be no 
intention to follow, I pretty soon returned to the office. 
I do not think Judge Gardner was much hurt — his clothes 
were considerably torn. Whilst I was attempting to part 
them, Col. Crenshaw came up and said something. Isaac 
Long turned to him and spoke, as I thought, rather an- 
grily or contemptuously. I did not sufficiently understand 
him, to say what he said. I did not see the commence- 
ment ; know nothing, of my own knowledge, of the cause 
of the difficulty. That evening I saw Mr. Hardin ; he 
asked me if I was a friend of Gardner. I told him I was 
not the special friend of Gardner ; that I had interfered 
not as the friend of Gardner, but as the friend of law and 
order, and that I was opposed to all violence- Since that, 
the only conversation I have had with Mr. Hardin was in 
relatien to certain letters : at either time he manifested no 
hostility towards me ; on both occasions our conversation 
was a friendly one. 

I have at no time had any conversation with the parties^ 
in relation to violence on Judge Gardner ; have never, at 
any time, heard any threats ; know nothing, of my own 
knowledge, of any special cause, except what was stated in 
a public meeting of a large number of the citizens of 
Greenville, the most of which was pubhshed in the Green- 
ville Advocate and Montgomery 3Iail ; and although that 



44 

letter was written for Judge Gardner's eye alone, and sim- 
ply to let him know what different parties said, so that he 
could judge for himselt as to his own safety here ; I think 
it gives a pretty coirect idea of what was said, except I 
think in what I said in relation to Judge Lane, I did not 
fully appreciate his motive, which I think was to pacify. 
There were others not named by me, who spoke in favor of 
law and order, whose names, and what they said, I do not 
remember, except Frank Gafford, J. M. Whitehead, Esq. 
editor of the Greenville Advocate, L. Koberts, Rev. W. H. 
Morris, and doubtless others that I have forgotten. Dr. 
Hammer stated he would whip him, and do more ; the 
chairman, Maj. T. J. Burnett, stated he did not want this 
community to answer for Gardner's blood. Dr. Hammer 
stated he had not threatened to kill him, and would not do 
so. With this, I refer the committee to my letter ; and I 
believe is all I know in relation to your inquiry. 

J. A. MINNIS. 
Signed and sworn to, after being read over and approved 
by affiant, November 20th, 1868. 

G. T. McAtee, Chairman. 



W. J. Wood, being called before the committee, and 
sworn, testifies and says : 

Interrogatory Eirst. — Are you acquainted with any recent 
alleged outrages having been perpetrated by armed bands 
of outlaws, upon members of the General Assembly or 
other good and law-abiding citizens of the State of Ala- 
bama ? If yea, when, where, and by whom, and upon 
whom, have they been so perpetrated ? 

Answer. — I do not. 

Interrogatory second. — Are yau acquainted with the Hon. 
S. S. Gardner, of Uutler county, as a private person, or as 
the judge of probate of said county ? 

Answer. — Yes, I've been acquainted with him before he 
was judge and since too. 



45 

Interrogatory third. — Do you know of any violence hav- 
ing been committed on, or against the person of said Gard- 
ner ? If yea, when was it done, by whom, and for what 
purpose, or under what avowed purpose was it done ? 

Answer. — I know of no violence done agoinst his person, 
only from hearsay. 

Interrogary fourth. — What is the feeHng here with regard 
to judge Gardner ? 

Answer. — I do not think it very favorable — at least I 
should not think it safe for me to live here under the cir- 
cumstances of Judge Gardner. I think he would not be 
safe in returning to this county. 

Interrogatory fifth. — Do you know anything against 
judge Gardner and Mr. Hart's moral character ? 

Answer. — I do not. 

W. J. WOOD. 

Singned and sworn to, after being read and approved by 
affiant, the 25th of November, 1868. 

G. T. McAfee, Chairman. 



Mr. Alexander McKellar, being called before the com- 
mittee, and sworn, testifies and says : 

Interrogatory first, Please state anything you may know 
about outrages and violence having been committed on the 
persons, or the rights of persons, of your acquaintance ? 

Answer — There are three men, Wm. Hardin, William E. 
Payne and James M. Brunson, residing in this town, who 
have committed, or were charged before me of having com- 
mitted, acts of violence on the person of Judge S. 8. Gard- 
ner. Payne was brought before me about 22d or 23d of Oc- 
tober, and the other two about the 1st inst., and on their 
several trials they all plead guilty. ., 

Interrogatory 2d — What office, if any, do you hold? 

Answer — I hold, and I have been duly qualified for the 
office of intendant of the city of Greenville, in this county. 

Interrogatory 3d — What was done by you with said per- 
sons when brought before you ? 



46 

Answer — Payne was fined $30, and the others $25 each, 
and all bound over to the Circuit Court. 

Interrogatory 4th — What is the general feeling of the 
peopli^ of this community with regard to Judge Gardner 
and Mr. Hart ? 

Answer — I don't think it is a good feeling. Those per- 
sons who are disposed to do right do not want to have 
anything to do with them, and would not use any extra 
means to prevent violence towards them. 

Interrogatory 5th — Does this feeUng arise from any in- 
capacity on the part of Judge Gardner to discharge the 
duties of his office, or is it of a purely personal character ? 

Answer — I think it arises from reasons of a personal 
character. 

Interrogatory 6th — Do you think Judge Gardner could 
return to this county and discharge the duties of his office 
with safety to his person ? 

Answer — I do not think he could. 

Interrogatory 7th — Have any charges of immorality or 
breach of the law, or of unlawful acts, been brought before 
you or any other magistrate, to your knowledge, against Mr. 
Hart or Mr. Gardner ? 

Answer — There has not, that I have ever heard of. 

A. McKELLAR. 

Signed and sworn to, after being read over and approved 
by affiant, November 25th, 1868. 

G. T. McAjfee, Chau-man. 



Mr. Walter H. Crenshaw, being called before the com- 
mittee and sworn, testifies and says : 

Interrogatory first. — Are you acquainted with the Hon. 
S. S. Gardner ? 

Answer. — I am and have been for a period of eighteen 
months or two years, ever since he came to this place as 
bureau agent. 



47 

Interrogatory second. — Do you know anything as to his 
having received personal abuse, injury, or violence from 
any person within that time ; if yea, please state by whom, 
and the time and place ? 

Answer. — On the day of the sale of Judge Porter's books 
in the town of Greenville, somewhere between the 1st and 
15th of October, 1868, I heard, while in my office over the 
book store, noise on the street, as though a fight was going 
on ; Col. Minnis went down, and shortly after I went down, 
and I found in Gabriel's store, (near by) Judge Gardner in 
a scuffle with a Mr. Hardin. Gardner seemed to be trying 
to get away from Hardin, and Harden was trying to hold 
on to him, and I saw Hardin strike him once or twice. Col. 
Minnis was trying to get him away from Hardin. I took 
hold of Hardin and told him to desist ; he turned around 
and seemed intending to strike me, but did not strike me. 
Isaac Long, (whom I had not seen until about this time), 
stepped between me and Harden, in a threating attitude, 
and said I should not interfere. Others were present, but 
I do not recollect any by name at present, except Mr. Ga- 
briel, Mr. Hawthorn, (his clerk), and Mr. Turton. Mr. 
Gabriel was deprecating a fight in his house, and was ur- 
ging the people to stop the fight, but he did not take hold 
of any one. No one else interfered to stop the fight, that 
I saw. I did not see Long strike Judge Gardner, or at- 
ten^^t it, but from the manner of Long in accosting me, I 
supposed he intended to see that Hardin had an opportu- 
nity to whip judge Gardner. I have every leason to be- 
live that Judge Gardner has been assaulted three or four 
times besides this occasion. I was not present at any of 
the other difficulties, but saw Judge Gardner afterwards, 
and saw that he had been in a difficulty of some kind. I 
have never heard any person threaten him with violence. 

W. H. CKENSHAW. 

Signed and sworn to, after being read and approved by 
affiant, November 24:th, 1868. 

G. T. McAfee, Chairman. 



46 

Mr. M. C. Lane, being called before the committee and 
sworn, testifies and says : 

Interrogatory first. — Do you know anything concerning 
the recent alleged outrages of armed bands of outlaws 
having been perpetrated upon the members of the Gen- 
eral Assembly of Alabama, or upon any of the good and 
law-abiding citizens of said State ? If you please, state 
the time, the place, the person or persons against whom 
any one or more of said outrages have been committed. 

Answer. — I know of nothing of my own personal 
knowledge, except on one occasion, in relation to Judge 
S. S. Gardner, at which I happened to be present. The 
facts, as they occurred on this occasion, which was some- 
time during the present year, and before the difficulty 
with or between Payne and Judge Gardner. I was at 
the office of Gardner, at Ihe court house in Greenville, 
Ala., at which time I found one Whisker at the door of the 
office demanding some naturalization papers, which he 
(Whisker) said he had filed in the probate court office. 
Whisker was using insulting language at the time. Judge 
Gardner remarked to him (Whisker) that he had made dili- 
gent search for said papers and they could not be found, 
and that he wonld give a certificate to that effect, which he 
did, but Whisker refused to accept the same. Judge Gard- 
ner then threw the paper or certificate to him, out of <$he 
idoor of his office. I do not know who, if any one, picked 
it up. I was standing in the door of Judge Gardner's 
office, at the time and aided in preventing Whisker from en- 
tering. Whisker's friends interposed and carried him away. 
I saw no further difficulty. I also, after having gone 
through with the business I had at the time with the 
Judge, retired, and saw no more. There was no assault 
or assault and battery committed upon the person of 
Judge Gardner in my presence by Whisker, or any one else. 

Interrogatory second. — Why did you prevent said Wilis- 



49 

ker from entering the Judge's office, as before said ? 

Answer. — I did it to prevent him from committing vio- 
lence on the person of Judge Gardner. 

Interrogatory third. — From what words or circumstances 
spoken or acted by Whisker on said occasion, did you infer 
he intended to do violence to the person of Judge Gard- 
ner ? 

Answer. — He used profane and threatening language 
and was demanding, vehemently, the naturalization papers, 
as stated in my first aforesaid statement. 

Interrogatory fourth. — What is the state of feeling in 
this community at the present time with regard to Mr. 
Hart and Judge Gardner ? 

Answer. — I think it is unfriendly, for the following 
reasons : (I state from expressions of the people of the 
county. I know nothing of my own personal knowledge, 
but from general reputation.) Judge Gardner is held in 
general disrepute in this county ; also Mr. Hart, in conse- 
quence of having conducted themselves socially and mor- 
ally in such manner as have rendered themselves obnoxious 
to the people of this community. 

Interrogatory fifth. — Do the people of the county op- 
pose Judge Gardner on account of incapacity or the insuffi- 
ciency of his bond ? '■ ''■ 

Answer. — I do not think they do. 

Interrogatory sixth. — Do you think Judge Gardner can 
return to this county without personal violence and ex- 
ercise the functions of his office ? 

Answer. — I think it doubtful, in view of the facts 
stated. M. C. LANE. 

Signed and sworn to, after being read over and approved 

by affiant, Nov. 25, 1868. 

G. T. McAfee, Chairman. 



50 

Mr. A. F. Posey, being brought before the committee 
and sworn, testifies and says : 

On the 2d day of November instant, between two and 
three o'clock in the afternoon, I stepped into the office of 
the probate court of Butler county for the purpose of ob- 
taining the probate judge's certificate and official seal to 
some papers. Anticipating that I would find the Commis- 
sioner's Court in session, I had written out the papers so 
as to interrupt the Judge only for his signature. I found 
the Court in session, and present his Honor, Judge Gard- 
ner, Mr. Aleff Stott and Commissioners Peter Brock and 
Coleman O. Guynn. After remaining about a minute, I 
apologized for the interruption, and called the attention of 
the Judge to my papers, and asked his signature, stating 
that I could affix the seal. Judge Gardner was, just at 
this point, called upon by one of the Court for a book or 
paper, and stepped around the table into the northwest 
corner of the office, and was examining the indexes, 
when he was accosted by Mr. Brunson, who stepped into 
the office just after Judge G. had passed around the table 
into the corner of the office. Mr. Brunson made some re- 
mark to Judge G. as he advanced upon Judge G. (in the 
corner) with his stick raised, and struck him. Judge G. 
threw up his arm and partially warded off the blow, which 
fell on his head and shoulder, and two other blows, I 
think, were given in rapid succession. About the fourth 
blow. Judge G. caught the stick and cried out for protec- 
tion. 

About the time the first blow was struck, Mr. Stott 
and the Commissioners rose to their feet, Mr. S. crying 
'hold! hold!" or words to that effect. I sprang in the 
direction of the parties engaged, remarking, "gentlemen, 
let's stop this." Judge Gardner was holding on to the end 
of the stick, and Mr, Brunson was trying to get the stick 
loose. I caught the stick in the middle with my right 
hand, and placed my left hand against Mr. Brunson's 
shoulder and begged him to desist. At this point Judge 



51 

Gardner let go the stick, and made liis escape. I went 
to the window a few moments afterwards and saw him 
running in the direction of the depot and Mr. Branson 
running after him. Mr, B. stopped after following Judge 
Gardner about 75 yards. 

The stick used by Mr. Brunson appeared to be abou 
the medium size, of hickory- wood, and a curved head, as i 
now generally used. 

Interrogatory by the Committee — What was said by Mr. 
Brunson as he advanced upon Judge Gardner with his 
stick in his hand ? 

Answer — My impression is, that the words spoken at the 
time by Mr. Brunson, as he drew his stick in the attitude 
of striking, he, (B.) speaking in a low tone of voice, suiting 
the action of his body and position to strike, "You are 
back here again, are you ? God damn you !" and immedi- 
ately struck him, and repeated it several times. He then 
got out ; and presently, on stepping to the window, I saw 
Gardner running away from the court house, being pursued 
by Brunson. While the striking was going on, the words 
"hell-hound" was used by Brunson ; I cannot say precisely 
in what connection, other than I have stated. 

Interrogatory — Had Judge Gardner said anything to Mr. 
Brunson, or in any other way given him any cause of of- 
fense on said occasion ? 

Answer — Judge Gardner had not said a word, or given 
him any other cause of offense, on the occasion. 

Interrogatory — What is the state of feeling in this county 
with regard to Judge Gardner, at this time ? 

Answer — I think 48 or 49 persons out of 50 in this 
county, rather than have the records of this county re- 
moved to Montgomery, would prefer that Judge Gardner 
would return to the execution of the duties of his office, 
but I do not think that that majority could prevent him 
from being assassinated. My opinion is predicated on the 
statements and opinions of other persons. 

A. F. POSEY. 



52 

Signed and sworn to, after being read over and approved 
by affiant, this 25th day of November, 1868. 

G. T. McAfee, Chairman. 



Mr. being called before the committee and 

sworn, testifies and says : 

Interrogatory first. — Do you know of any person who 
has been abused and outraged by lawless bands of outlaws 
recently? If yea, who, when and where ? 

Answer. — About the 17th October last, in this town, 
at tLie door of the courthouse, Judge S. S. Gardner was 
badly beaten and abused by WiUiam Payne. 

Interrogatory second. — What took place before this 
time ? 

Answer. — At Hardin's grocery, William Hardin, Wil- 
liam E. Payne and James M. Brunson and Isaac Long, 
drew straws as to which one of them should whip Judge 
Gardner, and it fell on Payne and he done it. Affiant 
was present and saw them draw straws. 

Interrogatory third. — Did Judge Gardner fight any? 

Answer. — No, but he was trying to get away all the 
time. 

Interrogatory fourth. — Do you know anything about a 
riot that took place after Payne whipped Judge Gardner ? 
If yea, at what time, and state what you know about it? 

Answer. — About eight o'clock, John T. Long said to 
some white men, hurry and load up your guns and go 
down to the railroad and whip the damn niggers out, and 
that he was not afraid of any damn niggers. He (Long) 
said he would be captain of the company. Long then 
started with his company towards the railroad. I then 
heard considerable shooting near the railroad depot. Af- 
ter the firing was over, John T. Long came to my house 
and told me that he and his mare were shot while he was 
near the depot. 



53 

Interrogatory fifth. — Did you ever hear any men say 
they would kill Judge Gardner ? 

Answer. — I did. John Penney said there were men 
here who would kill him, and that he would help do it. 
William Hardin said he would kill him before he (Judge 
Gardner) should stay here. Isaac Long said he, too, would 
kill him before he should stay here. 

Interrogatory sixth. — About what time and at what 
place did you hear the men referred to in interrogatory fifth, 
make those threats ? 

Answer. — In the first part of the month of October. 
Isaac Long and William Hardin were in Long's grocery 
when I heard them make their threats, and John Penney 
was in front of Mr. Wright's store. 

Interrogatory seventh. — While Wm. Payne was beat- 
ing Judge Gardner, did you see Issac Long point his pistol 
at Mr. Hart ? 

Answer. — I did. At the same time Isaac Long said to 
him (Hart) "God damn you, leave here." 

Signed and sworn to, after being read over and approved 
by affiant, on the 25th November, 1868. 

G. T. McApee, Chairman. 



A witness, by subpoena, (whose name is suppressed 
for prudential reasons,) being called before the commit- 
tee, and sworn, testifies and says : 

Interrogatory 1st — Please state if you know of any 
outrages committed upon law-abiding citizens of this State ? 

Answer — I have never seen any outrages committed, but 
I saw Judge Gardner immediately after he had been beat- 
en, at two or three different times. 

Interrogatory 2d — Did you at any time hear any man 
say he would kill Judge Gardner ? 

Answer — I did. I heard William Payne and William 
Hardin say, that before- Gardner and Hart should stay here 



54 

they would kill them, and every damn nigger who would 
take sides with them. 

Interrogatory 3d — Do you know anything about a riot, 
in this place, on the night after William Payne beat Judge 
Gardner ? 

Answer — I do. In the evening after William Payne 
beat Judge Gardner, Payne and William Hardin mounted 
horses, and rode down to the railroad depot, where some 
colored men were standing, and said to them, " How do 
like having Judge Gardner whipped ?" One colored man 
said to Payne, " He did not like it ; you had no right to do 
it." Payne replied, " Then, God damn you, we'll kill all the 
damn niggers to-night, who take sides with them, (Gardner 
and Hart.)" About eight or nine o'clock that night, I saw 
John Long and other white men, (twelve or jSfteen in num- 
ber,) coming down the street armed. They fired, and then 
broke into Levi Ball's (colored) bakeshop, and destroyed 
his show-case and contents. I then left and went home. 
On my way home, and before I reached there, I heard 
William Payne beating Austin Peterson (colored) and 
Greene Parmer (colored), and break a gun-stock over Ab 
Burnett (colored.) 

Interrogatory 4th — How did you know William Payne 
beat these colored men ? 

Answer — On Monday, or Tuesday following, William 
Payne told me he beat Austin Peterson, Os. Taylor and 
Green Parmer. He further told me he gave them hell, and 
that if he could have caught them on Sunday night he 
would have killed them all, and in order to get at them, he 
forbid them holding a religious meeting, and they did not 
hold any. 

Interrogatory 6th —Do you know of any merchants, or 
other citizens, giving out guns to the white men, on the 
night of the riot ? 

Answer — Mr. Gandy, of the firm of Bear & Gandy, said 
in the presence of John Hartley, colored, Frank Story, col- 
ored, myself and others, that he had given out every gun 



55 

in his store, and if they could not stop the fuss by talking, 
they would by some other means, and that if j&f ty men could 
not do it, they would have one hundred and fifty ; that they 
had guns and ammunition for them, and that you, the damn 

niggers, know you have'nt got any. . 

Signed and sworn to, after being read over and approved 
by affiant, 25th November, 1868. 

G. T. McAfee, Chairman. 



Mr. William Sewell, being called before the committee, 
and sworn, testifies and says : 

Interrogatory first — Do you think that Judge Gardner 
could come back to Greenville and exercise the functions 
of his office, with safety to his person ? 

Answer — In reply to the question whether I think Judge 
S. S. Gardner could return to Greenville and exercise in 
safety to his person, his functions as Judge of the Probate 
Court of Butler county, I beg leave to say, after much 
inquiry on the subject, that I do not think he could. I be- 
lieve his life would be in imminent danger every day of his 
continuance here. I say this, not from any consultation 
with any persons who are disposed to molest him, but from 
the opinions expressed to me by men who are themselves 
discreet and law-abiding, but understand better than I do 
the character of the opposition to him. 

WM. SEAWELL. 

Signed and sworn to, after being read over and approved 
by affiant, this 25th November, 1868. 

G. T. McAfee, Chairman. 



Henry Booth, being brought before the committee and 
sworn, testifies and says : 

I came to Greenville, Ala., on the night of the 13th of 
October, 1868, as clerk to the Sub-Assistant Commissioner 



56 

B. K. F. and A. L. I reported to J. F. McGogy, Sub- 
Assistant Commissioner, and was installed in my duties as 
clerk. 

On the morning of the 17th day of October, 1868, J. F. 
McGogy, Sab-Assistant Commissioner of the Bureau, went 
to Garland, Ala., leaving me in charge of the office of the 
Bureau. The said office is situated near, a nd facing the 
rail road depot. On the night of the 17th of October, 
1868, a mob, consisting of about eight or ten persons, citi- 
zens of Greenville, Ala., came to the office aforesaid, and 
awoke me and the servant boy (Mack Hall,) by beating 
and breaking one of the panels of the door of the afore- 
said office. Myself and the servant were sleeping in the 
back room, which is about ten by eighteen feet in size. 
This building is rented by the United States Government, 
through its authorized agents. Being awoke by the noise, 
I got up and went into the front room of the office, 
and found that the mob had broken in one of the panels 
of the front door. As I was going to the front door, I 
heard the mob going to the back door, which opens into 
the room in which I had been sleeping. I immediately 
returned to the back room, and the mob then came up to 
the back door and called out "heUoa !" and asked who I 
was, where I came fi'om, and what I was doing there. I 
told them I was a clerk in the Bureau office, under orders 
from headquarters. They then asked, "Are Gardner and 
Hart in there," (meaning S. S. Gardner, Judge of Pro- 
bate of Butler county, Alabama, and J. A. Hart, member 
of the State Legislature of Alabama.) I answered, "No 
they do not stop here." They said, "That's a damned lie." 
I, fearing that they would break iu the door, said. If you 
doubt my word, you can come in and see. They replied, 
"Strike a light and let us in — we won't hurt you." I 
lighted a candle, and opened the door. Two of the mob 
then came in and sat down — one on the bed behind me, 
and the other near the fireplace, facing me. The latter 
said, "My name is Hardin. I don't hesitate to tell who I 



57 

am. We will give you ten days to leave town, and tell 
McGogy, (meaning J. F. McGogy, Sub- Assistant Commis- 
sioner, B. E. F. and A. B. L.,) to go too — he is as bad as 
the rest. He is a damned lying, thieving scoundrel, and I 
would tell him so to his face." The man that sat on the 
bed, when I would say anything, or speak, said, "You are 
a damned liar — that's what they all say" — or like insulting 
expressions ; and when he was going out of the office, said, 
repeatedly, "Are you going to do it ?" meaning were we 
going to leave the place, or were we going to obey the mob. 
The mob, except the two aforesaid, remained outside of 
the office, two of them leaning against the casing of the 
door, some of the others on the steps, and the remainder 
standing around the steps and near the door. Every one 
of the mob I could see was armed with a gun. The mob 
came to the Bureau office about ten o'clock, and remained 
about fifteen minutes. 

About five o'clock, Sunday morning, October 18th, 1868, 
I went out of the back door of the office, as three men 
were passing by ; two of them carried guns. The name of 
one of these men, I have since learned is H. G. Holcomb. 
He called to me, and said, "Tell Gardner, (meaning S. S. 
Gardner, Judge of Probate cf Butler county, Ala.,) and 
Hart (meaning Hon. John A. Hart, member of the State 
Legislature of Alabama, from Butler county,) and all of 
that stripe, (or words to that effect) to leave this town in 
ten days, or we will find a way to make them." This man, 
H. G. Holcomb, has since been appointed one of the police- 
men of Greenville, Ala. 

The names of the two of the mob whom I refer to as 
leaning against the casing of the door, are, John- 
son, and Washington Calhoun. 

HENPwY BOOTH. 

Signed and sworn to, after being read over and approved 
by affiant, 25th November, 1868. 

G. T. McAjfee, Chairman, 



V 



68 

Mr. S. J. Boiling, of Butler county, being called before 
the committee and sworn, testifies and says : 

Interrogatory first. — Do you know of any school house 
having been burned in this vicinity ? Please state what of 
the facts in relation thereto you may be in possession of. 

Answer. — I do not know that a school house in this 
vicinity was ever built or ever occupied for the purpose 
of teaching colored persons. I gave permission some two 
years since to one Mrs. Lee to build a school house on 
my land, and use it for that purpose. I learn through 
other persons it was built, taught in, and that said Mrs. 
Lee was of ill fame, and that said house was burned lately. 
It was said that both white and black men were concerned 
in burning said school house. Chas. Hamiliton, a colored 
man, was my informant. 

Interrogatory second. — Have you any knowledge that 
any other school house in this neighborhood has been 
burned ? 

Answer. — I have not. 

S. J. BOLLINa. 

Signed and sworn to, after being read over and approved 
by affiant, Nov. 25, 1868. 

G. T. McAfee, Chairman. 



Mrs. E. A. Clancy being called before the committee, 
and sworn, testifies and says: 

Interrogatory first. — Do you know of any acts of vio- 
lence to any of the good and law-abiding citizens of this 
or the adjoining counties, or elsewhere in Alabama, as to 
their persons, or property, or safety? 

Answer. — I know that a school house, situated in Cren- 
shaw county, in the Valley of said county, so-called, five 
miles south-east from the court house, was burned about 
3 o'clock A. M., on the 4th day of Nov., 1868 ; said house was 



59 

occupied at that time as a school for colored children, and 
burned down on that night. 

Interrogatory second. — Do you know, or is it known, 
who burned said house ? 

Answer. — I do not know of my own knowledge ; I un- 
derstood that it would be burned, and it was, but I am not 
in possession of the names of the guilty parties. 

Interrogatory third. — Who was the teacher in and for 
said school in the house above alluded to, at the time it 
was burned ? 

Answer. — E. A. Clancy, this affiant. 

Interrogatory fourth. — How long had you been engaged 
in teaching that school? 

Answer. — I had been teaching one month and a half. 

Interrogatory fifth. — Who employed and paid you for 
teaching there ? 

Answer. — The colored people. 

Interrogatory sixth. — What interest did the white peo- 
ple and the citizens take, if any, in your school or enter- 
prise in said Valley ? 

Answer. — None. 

Interrogatory seventh. — What kind of treatment did you 
receive of the white citizens of the Valley while teaching 
in their midst ? 

Answer. — Very cool treatment. I was not able even to 
obtain boarding amongst them after the first half month ; 
was not received in their social circles. There is no pro- 
tection for the colored people there, nor to any one who 
takes any interest in their welfare. I have reason to be- 
lieve that the school house above referred to, on the night 
after the Presidential election, was bunred because the col- 
ored people did not vote in a way to suit the white people. 
Fed Wilson, a colored man, told me that one Adam Ben- 
bow, sr., told him (Fed Wilson) that if they (meaning the 
colored people) built an arbor, she (meaning affiant) should 



60 

not teach them any more, I having promised to finish my 
term if tlioy would build it. 

The colored people were also told that if fire would not 
prevent it, bullets would. 

E. A. CLANCY. 
•Signed and sworn to, after having been read over and 
approved by affiant, Nov. 25, 1868. 

G. T. McAfee, Chairman. 



Mr. Ismar D. Sibley, Senator from Huntsvillc, being 
called before the committee and sworn, testifies aud says : 

That on the night of October 30th, 18G8, I attended a 
republican mass meeting iu the county courthouse at 
Huntsville, Ala., and about 10 o'clock, it was announced 
that the ku-klux were coming. The meeting broke up. 
I descended to the courthouse steps, and saw a number of 
mounted men in disguise. They were formed in column 
by fours, and were attended by a large number of men on 
foot, who did not appear to be disguised, but who carried 
pistols in their hands, and who went before the procession, 
and on either side, and looked around the corners of the 
houses, and down the alleys, as if they expected to meet 
an enemy. I approached within, probably, thirty feet of 
the column of mounted men, but in the rear of their at- 
tendants on foot, and could well observe their dress and 
equipments. Their horses were all covered with white 
cloths, or blankets, from the head to the tail. The men 
"wore tall conical- shaped hats, I should think about two 
feet high, running to a point at the top, and without a rim, 
a cloth came over the face, with eye and mouth holes, and 
it appeared to be painted to resemble a man's mustache; 
and heavy beard; they had also a long black robe, or 
gown, that fit close around the neck, and was gathered 
and held fast at the waist by a belt. All of these men, 
that I noticed, carried a pistol in the right hand, and 



61 - " 

another in their belt, and a double-barrel gun, or a carbine, 
on their saddle. They were about 150 in number, and 
they rode around the courthouse square, and disappeared 
in the direction from whence they came. When the 
mounted men retired, the parties attending them remained 
on the street. I heard loud talk, cursing and swearing, 
and heard the words, "lay it down !" repeated several times, 
and saw the flash, and heard the report of a pistol, and 
immediately after, the firing of pistol shots seemed to be- 
come general. At this time I was talking with Judge 
Thurlow, a few steps from the gate of the courthouse yard^ 
and saw a colored man, named George Roper run past 
me, with a gun in his hand, and several white men after 
him, who fired pistols at him. As these men passed me, 
some of them looked at me, and seemed to stop their pur- 
suit of Roper, and stepped one side, at the same time I 
stepped inside the gate, leaving Mr. Thurlow at the gate, 
Fireing was general in the street ; and Mr. Thurlow came 
in to me, and told me that he was shot. Mr. Bigelow and 
I helped Mr. Thurlow to a house, where I saw him exam- 
ined. The firing did not last longer than two minutes, and 
there might have been 150 shots fired. 

I have received warning letters, some of which I have 
given to other parties to see if the handwriting might not 
be identified ; but one of these letters I herewith submit 
marked "A." I have been told by the most respectable 
people of Huntsville, that there was danger of those 
threats being executed, and I was advised to seek safety in 
the Federal camp, near by. I do not wish to give the 
names of the parties, because it would expose them to the 
vengeance of these outlaws. 

I. D. SIBLEY. 

Signed and sworn to, after being read over and approved 
by affiant, this 20 th day of November. 

G. T. McAfee, Chairman. 



• . 62 

[Ku Klux Letter to Senator Sibley — inserted as a specimen. ] 
"Mr. Selbly — You had better leave here. You are a 
thief, and you know it. If you dont leave in 10 days, we 
will cut your throat. We aint after the negroes ; but we 
intend for you damn carpet-bag men to go back to your 
homes. You are stealing everything you can find. We 
mean what we say. Mind your eye. 

James Howstu. 
William Whereatnehr. 
[A coffin.] John Mixemuhh. 

Sallimon Wilson. 
P. J. Solon. 
Get away ! 

We ain't no cu-cluxes, but if you don't go, we will make 
you. 



Hon. A. J. Applegate being called before the com- 
mittee and sworn, testifies and says : 

On Saturday, October 31, 1868, 1 attended a Republican 
mass meeting in the day time at Huntsville, Ala.; also a 
meeting at night. Speeches were made by a number of 
prominent Republicans. About 3 o'clock in the day I 
was informed that the Ku Klux were making preparation 
for a raid on the town that night. Again, at 5 o'clock, I 
was informed a second time by a number of persons, that 
they would be there in large numbers. The civil officers 
were informed of their intentions, (which were said to be 
to murder all prominent Republicans that were there.) 
The deputy sheriff told me that they knew they were 
coming and would be ready for them. About seven 
o'clock a meeting was organized at the court house, short- 
ly after which a negro came into the meeting and stated 
to me that he had been captured near Pin-hook bridge, 
after several shots had been fired at him. He was knock- 
ed down with a club and taken. He stated that he was 



63 

questioned as to the meeting that was going on, where Gen. 
Callis, M. C, Sheats, and myself were, and where we would 
stay that night, among other questions of a like nature. 
I inquired again for the sheriff and his deputies, and was 
informed that the deputy was making arrangements to 
preserve the peace. About 10 o'clock, the excitement in 
the meeting and around the court house, became very great. 
I could hear from all quarters that the Ku Klux were com- 
ing. I walked down in front of the court house, and saw 
the head of the column coming up the street, on the east 
side of the square. They were riding three and four 
abreast. Their horses were covered with white sheets. 
The members wore gowns made of light colored material, 
with masks, hideously ornamented. Each horseman had 
from one to two pistols, one of which was carried in his 
right hand, cocked ; also, a carbine or double-barreled shot 
gun. The column consisted of about one hundred and 
fifty men. As they passed around the square, I passed 
through the hall of the court house, crossed the street 
ahead of the column. When I came out of the court 
house yard, I saw large crowds of the white citizens stand- 
ing in groups, or running to and fro, and a considerable 
number of negroes, who seemed worked up to a state of 
perfect phrenzy with fear. In passing through the street, 
I heard repeated whistles from the crowd, which was 
answered by the horsemen. I walked down street to 
Johnson's Hotel, and stood in the window while the col- 
umn passed by. 

About the time the rear of the column reached Cross 
street, below me, I heard a shot fired in the direction of 
the square, which was followed in rapid succession by from 
30 to 50 shots. I have many reasons, outside of a number 
of affidavits that I saw, for believing that the firing was 
commenced by one Cox, the leader of the gang in Hunts- 
ville. I am of the opinion that the firing was all done by 
white men, with the exception of one or two shots. While 
the firing was going on, the column of horsemen were 



64 

drawn up in line, fronting the square, awaiting, if neces- 
sary, to go to the assistance of tlieir friends on the square. 
When the firing ceased, as it did immediately after Cox 
was wounded, the horsemen passed away in the direction 
they had come ; and well-authenticated report says they 
were joined outside of the town by about two hundred 
and fifty more mounted men. 

In a few moments after the firing ceased. Judge Thurlow, 
of Limestone county, was brought into the hotel mortally 
wounded, and has since died. One negro was killed and 
one mortally wounded, two more severely, and one or two 
others slightly. Shortly after the firing ceased, Gen. Callis, 
M. C. Thomas, A. Green and myself, went to Gen. Kuger 
and asked for troops for the protection of the city. A 
company of soldiers was ordered into town and put on 
duty that night. During the night they arrested three men 
armed with pistols, and mounted, with Ku Klux disguises 
in their saddle-bags, disarmed them and turned them over 
to the civil authorities, who turned them loose before morn- 
ing ; they were again armed by some one, as they went 
immediately to the livery stable and took their horses by 
force, I do not believe that any process issued by any 
civil court can be executed in Madison county ; nor do I 
believe that officers in that county can be induced to exe- 
cute the laws. 

On Monday before the election, I received so many 
threats and warnings from prominent citizens, that I, with 
Gen. Callis, C. C. Sheats, and J. D. Sibley, went to the mili- 
tary camp for protection. 

All of which is respectfully submitted. 

Interrogatory First — By the committee to the witness A. 
J. Applegate. Where was the sheriff and his deputies at 
the approach of the Ku Klux band, and at the time of the 
firing on the night of said meeting ? also, where was the 
mayor of Huntsville ? 

Answer — The sheriff was absent, and said to be at his 
farm 2^ miles from town ; the sheriff had been in town 



65 

during the day and evening ; the deputy was in the meet- 
ing to about the time it broke up ; but at the time of the 
firing, could not be found. He may have been in town in 
the course of the evening, but he was in his bed during the 
firing, and had to be awaked to issue a warrant for the 
arrest of one Cox, who seemed to have been a ring- 
leader amongst the Ku Klux gang, who were on foot, un- 
disguised in said city during the firing and fighting. 

Interrogatory Second — Did the poHce of Huntsville, or 
any of the civil authorities, make any arrests during the 
firing or after ? or, did they, or any of them have any pre- 
parations for resisting said gang ? 

Answer — They did not make any arrests during said 
firing or after ; I heard of no policeman being out or on 
the square, in organized preparation for defence or other- 
wise, during said firing or after. The military authority 
made three arrests of men who had their disguises in their 
saddle-bags, and they were turned over to the guard of 
poUce, as I was informed. 

A. J. APPLEGATE. 

Signed and sworn to, after being read over and approved 
by affiant, November 19th, 1868. 

G. T. McAfee, Chairman. 



Mr. Justin Eonayne, of county, being called 

before the committee and sworn, testifies and says : 

Interrogatory 1st — Are you acquainted with any partic- 
ulars referred to in the resolutions of the Legislature re- 
lating to outrages perpetrated by armed bands of outlaws 
upon members of the Legislature and other good and law- 
abiding citizens ? 

Answer — I am not acquainted with any relating to mem- 
bers of the Legislature. I saw one man killed in Hunts- 
ville, and attended professionally on another who was 
wounded. 
5 



66 

Interrogatory 2d — Where and when did the events hap- 
pen, and by whom ? 

Answer — It was on Saturday, about 10 o'clock, P. M., 
October 30th, 1868, in Huntsville, Alabama. I attended 
as a surgeon the wounded man, who told me the wounds 
on his person were inflicted by one Cox, a saddler, residing 
in Huntsville. 

Inton'ogatory 3d— Did you see any person in disguise 
at, or about the time stated in your answer to the second 
interrogatory above ? if yea, how many, and in what posi- 
sition were they, armed or unarmed ? 

Answer — I did ; about fifty, riding around the street ; 
can't say whether they were armed or not ? 

Interrogatory 4th — In what costumes were they, and 
their horses ? 

Answer — They were in red and white costumes; their 
horses were covered with white cloths or blankets. 

Interrogatory 5th — Please state any thing you may know 
of any other persons being shot or A^unded on said night 
of 31st ult., and as to the name of the party mounted, as 
stated above ; what were they called ? — what was their bus- 
iness, or intentions ? Was it hostile or peaceful ? 

Ans. — Judge Silas Thurlow, judge of probate of the 
county of Limestone, Ala., was mortally wounded. Every 
person there seemed to know them as the Ku Klux 
Klan. The people were all afraid of them. They seemed 
to be regarded as hostile by the people. 

Affiant submitted the affidavits of sundry persons, to 
which he asks leave to refer, and that they be received as a 
part of this evidence. J. EONAYNE. 

Signed and sworn to, after being read over and approved 
by affiant, 21st November, 1868. 

G. T. McAfee, Chairman. 



State of Alabama, ) 
Madison County. ) 
Silas Thurlow, of Limestone county, Alabama, being 
duly sworn, upon oath states the facts following, to- wit : 



67 

About 10 p. m., of Saturday, the 31st of October, A. D., 
1868, I was at the court house at Huntsville, Madison 
county, Alabama, in attendance upon a public meeting 
there convened. Hearing an alarm that the organization 
generally known as the Ku Klux was upon and parading 
the streets, I left the court room and passed through the 
hall of the court house, toward the north side. As I 
passed out of the door I saw the mounted cavalcade of 
Ku Klux, which just then blew whistles, and started on a 
trot along the north side of the square, turning the corner 
towards the Johnson House. I walked down the steps, 
intending to proceed to the Johnson House, where I was 
stopping. While within the enclosure of the square, I 
heard a black man say something about shooting at the 
Ku Kluxes. I told him not to do it. He came out of the 
north gate of the square, a little ahead of me. As he 
went out, a white man demanded of him, with an oath, 
"what he was doing with that gun ?" and at the same time 
shooting at him with a pistol — the ball, I think, striking 
the black man in the side of the head. This I know to 
have been the first shot fired in the vicinity of the public 
square, and was the commencement of a riot. I was 
within about ten feet of the black man so shot. He 
then ran, and five or six men foUowed him, shooting as 
they and he ran. At about the same time, another black 
man came up and asked what that firing was, and I saw 
the same man who shot the first black man, shoot at him, 
and I thought, by his actions, the man was wounded. At 
this time there seemed to be much general firing along the 
street. I stepped back inside the gate, and as I closed the 
gate, I was shot at from a gathering of white men standing 
a little to the west of the gate, and was struck by a ball 
which passed through my abdomen. There were four, I 
think, in the crowd from which I was shot, when I first 
noticed them. They were standing outside the fence, and 
within six to ten feet of me. Among the crowd from 
which I was shot, was a tall, gray-haired, slim man, 



68 

carrying a cane, who has been in my room since I was 
woiiuded, and whom I have since learned to be named 

Hamilton. 

(Signed,) SILAS (his X mark) THUKLOW. 

Witnesses : J. D. Jenkins, J. Y. Cantwell. 



HuNTSViLLE, Nov. 24th, 18G8. 
Dear Friend : For the benefit of such as do not believe 
the Ku KJux are still operating here, I have just caused 
this affidavit to be taken. The party is a peaceable, quiet 
negro, who never meddles with politics, and against whom 
no charge whatever can be brought. You will please show 
this, with my letter from Mad. Station to the Governor. 

Hundreds of others can be produced. 

Truly, T. M. GEEEN. 

State of Alabama, ) 
Madison County, j 

Nathan Weeks, (colored) being duly sworn, states the 
facts and circumstances following, to-wit : 

I reside in Huntsville, near the edge of the settled por- 
tion of the city ; my family consists of a wife and one 
child. On Saturday night last, the 22d of November in- 
stant, at about 11 o'clock, I was awakened by violent knock- 
ings at my door. Upon opening the door a pistol was 
presented at my breast, and I immediately shut *he door 
and locked it. Subsequently, upon the entreaty of my 
wife, I opened it again, and three disguised men, armed 
with revolvers entered, and while one guarded me with a 
pistol the others searched the house. They found my gun 
and broke it up, and told me that they were coming again 
and if they found any arms they would kill me. They said 
they meant to disarm all " niggers." While they were in 
the house I heard two others talking outside. They then 
left and went up the railroad towards the depot. I have 
lived a quiet, peaceable life, have threatened no one and 
have never been arrested or charged with any offense of 
any kind. 



69 

Witness my hand, this 24th of November, A. D., 1868. 
NATHAN (his X marks) WEEKS. 
Attest— W. E. Beglow. 

Sworn to and subscribed before me, this 24th day of 
of November, A. D., 1868. 

A. W. Smith, N. P. [Seal] 

State of Alabama, ) 
Madison County, j 

Spencer Collier being duly sworn upon oath, states the 
facts following, to-wit : 

I have been until now in the employ of W. W. Cox, a 
saddler. On Saturday last, about five in the evening, Mr. 
Cox said to me in his shop, " Spence there is going to be 
hell turned up here to-night and you keep out of it." 

After witnessing the Ku Klux parade around the square 
and after they had left the square, standing near the north 
gate of the square and about twenty-five feet from Mr. 
Cox, whom I knew distinctly by his dress, I heard an alter- 
cation between him and some colored man about a gun, 
and immediately afterwards I saw Mr. Cox shoot. This 
was the first shot fired in the vicinity of the public square. 
I am personally a friend of Mr. Cox, but am compelled by 
the nature of the oath I take to tell the truth. I know of 
nothing further of importance. 

SPENCER (his X mark) COLLIER. 
A. W. Smith and Ed. Hubbard, witnesses. 

State of Alabama, ) 
Madison county. j 

Edward Hubbard, being duly sworn, upon oath states 
the facts following, to-wit : 

Upon the night of Saturday, the 31st of October, ulti- 
mo, I had been in attendance upon the meeting at the 
court-house at Huntsville, and while the Ku Klux were 
parading upon the square and had come to a halt, with 
the head of the column opposite the National Bank, I was 
standing upon the steps of the court-house, on the south 



70 

end and east side. A white man named Billy Thomason, 
who has been a railroad man, and is now " firing," came 
up in front of me, and shaking a pistol in my face, said, 
" God damn you, hurrah again for Grant and Colfax, and 
I'll blow your brains out !" I said nothing, and he soon 
turned and ran down the steps, some of the colored men 
near saying, " Shoot him." Others said, " No boys, don't 
shoot ; don't let us commence any difficulty ; when we are 
shot at we will defend ourselves." I was unarmed, and 
left on the south side of the square. Witness my hand, 
NED (his X mark) HUBBAED. 

State of Alabama, ) 
Madison county, j 

Pope Chapman (colored), being duly sworn, upon oath 
states the facts and circumstances following, to-wit : 

At the meeting held at the court-house in Huntsville, 
during Saturday, October 31st, A. D., 1868, I was acting 
as special deputy sheriff, by appointment of Mr. Doyle, 
sheriff. At the night meeting, after the Ku Klux had 
passed around the square, I was standing by Mr. Cox's sad- 
dler's shop talking with him (Cox). He expressed wonder 
that, if the niggers were going to fight, that they didn't 
fight. George Roper came out of the court-house yard 
hurrahing for Grant and Colfax. Mr. Cox stepped for- 
ward and stopped him, and asked him what he had there, 
what he was going to do with that gun, or words of similar 
import. Roper said he was not going to interfere with 
him. He told Roper to drop it. " If you don't drop that 
gun, I'll shoot you." Roper did not drop it, and he shot 
liim. I was within two feet of him at the time. Roper shot 
back at him with the gun. Then there were several shots 
from white men near, at Roper. He was trying to run, and 
they gathered on him, took his gun away, and finally get- 
ting him down near the ruins of the Donegan block, com- 
menced beating him with a pistol ; four of them were over 



71 

him. Mr. Cox was then shooting at Milt Martin, and 
snapped his pistol three times in his breast ; it missed fire 
every time. Aleck Keed came running by, making towards 
the mayor's office, and Cox shot at him, and struck him with 
the ball, and then followed him to the foot of the stairs 
leading to the mayor's office, where Martin had fallen in, 
and shot up the steps. At that moment some one shot 
him in the head. He said to me, " Don't shoot any more ; 
I am satisfied." The white men then stoj)ped shooting, 
and firing ceased. This is all I remember now of impor- 
tance connected with the affair. 

POPE (his X mark) CHAPMAN. 
J. H. Conner, A. W. McCullough, witnesses. 



State of Alabama, ) 
Madison County, f 

George Womack, being duly sworn upon oath, states the 
facts and circumstances following, to-wit : 

I am the constable of Beat No, 1, Madison county, Ala- 
bama. I was in attendance at the meeting at the court- 
house upon the night of Saturday the 31st day of October, 
A. D., 1868. News came that the Ku Klux were coming 
and I did all I could to persuade those at the meeting to 
remain and go on with the meeting. The men, however, 
nearly all left the hall. Passing among the last from the 
hall, I looked from the south-east corner of the court-house 
and saw the Ku Klux halt near Martin's corner and heard 
them cheered there; they soon moved on around the square ; 
when the column reached the south-east corner of the 
square the Ku Klux halted again and then moved on around 
the square. Men in the yard were hurrahing for Grant, I 
tried to preserve order as much as possible, urging 
that they should make no hostile demonstration as the 
Ku Klux passed around the north side of the square. I 
passed through the hall of the court-house going north, 
quite a crowd following me. I still urged no violence. Mr. 
Cox, the saddler, rushed through the court-house shouting, 
" hurrah for Seymour and Blair ;" I responded hurrah for 



72 

" Grant and Colfax." He had on a fur cap and big gray 
coat, and I distinctly recognized him. He went out of the 
north gate, spoke to men in the Ivu liliix column, passed 
through the column over to his shop. I remained on the 
steps of the court-house until the rear of the Ku Klux 
column left the square upon a lope ; I then came out of the 
north gate of the court-house square and hastened to the 
corner of the More block and found they had turned the 
corner of the market house and then returned towards the 
north gate of the court-house ; on my way about thirty 
steps from the gate, I heard Mr. Cox challenge Mr. Roper. 
I knew Mr. Cox by his voice ; heard him say to Roper, 
" what have you got there ?" He said nothing to hurt you. 
Cox said, "God damn you its a gun, drop it !" "I wont do 
it," Roper replied, " You God damn black sun of a bitch 
you, give me that gun, if you dont do it I'll shoot you," was 
Mr. Cox's next remark, or words extremely similar. Roper 
still said "I wont do it," and then Cox shot at him. I was 
looking at him, walking towards him, saw the shape of his 
cap, the character of his clothes, it was bright moon-light, 
and I was then about ten steps from him ; and soon as Mr. 
Cox fired, four or five others fired, and then I saw a shot 
made that I thought came from Roper's gun. One of 
the crowd after the fu'ing, broke and ran towards the Hunts- 
vOle hotel ; I thought it was Henry Beinford ; I had nearly 
got to Cox and they were shooting all around ; did all I 
could to stop it ; going to every man I saw shooting, except 
Cox, who I was afraid would shoot me if I spoke to him. 
I saw Cox go up to a colored man running and say, " God 
damn you I'll show you who it is," and shoot at him three 
times, his pistol made the motions of being shot, but might 
have missed once or more ; there was so much shooting 
could not hear distinctly. As he shot the last time, he 
said to a man behind him, " Here, take this pistol," and 
then he commenced firing with another. I then made for 
the north gate of the court-house yard, to get out of dan- 
ger. At the gate I met I. D. Sibley and Judge Thurlow. 



73 

Mr. Thurlow was wounded, and Mr. Sibley and Mr. Bige- 
low started with him for the Johnson house. By that time 
the firing had ceased, and the colored men dispersed home- 
wards, and after I had seen the yard and about the court- 
house cleared of men, I went home myself. This is all of 
importance that occurs to me now, as connected with the 
affair. Witness my signature, this 2d day of November, 
A. D., 1868. GEO. W. WOMACK. 

A. W. McCullough, W. Hellenger, witnesses. 

Mr. C. D. Hudson, of the county of Chambers, being 
called before the committee, and sworn, testifies and says : 

Int. 1st — Do you know of any outrages committed by 
any person or persons against the members of the Legisla- 
ture of Alabama, or any other good and law-abiding citi- 
zens of this State ? If so, please state when and where, 
by whom and against whom ? 

Ans. — Edmund Belcher, about 55 years of age, of Ran- 
dolph county, south-eastern portion, was taken out and 
whipped by an armed, disguised band of men, 12 or 15 in 
number, about 10 o'clock in the night ; whipped very badly. 
He came to me at night, a day or two afterwards, and 
showed me his wounds. He was by them ordered, and 
sworn, to leave the country, and to keep secrets on them. — 
I saw persons who were trustworthy in every respect, who 
examined him, and said that he was whipped and wounded 
very badly, from his neck all the way to his hips, leaving 
the ends of the sticks in his back, being of black-jack 
brush, with which he was whipped. He went to work im- 
mediately, and sold out his property, and left his place of 
residence, taking his family with him. He would not tell 
where he was going ; didn't want these outlaws to know 
where he was going ; he was awfully bruised and torn. — 
They put a rope about his neck, and jerked him about very 
roughly, in the presence of his family, and alarmed them 
much. They pulled him along by the neck to a graveyard, 
with the evident purpose to hang him ; and when his wife 



74 

and family, being greatly alarmed, cried and plead for his 
life, they pushed them back, and told them to shut their 
mouths or they would blow their brains out. He (Edmund 
Belcher) had children and grand-children. He told me he 
know three of his assailants, but he would not then dis- 
close their names ; (I suppose through fear.) Affiant was 
willing to make a fuller disclosure, but the committee were of 
the opinion that, from motives of prudence, the testimony 
should rest here. CICERO D. HUDSON. 

Signed and sworn to, after being read over and approved 
by affiant, December 3d, 1868. 

G. T. McAfee, Chairman. 



Robert S. Heflin, of the county of Randolph, being 
called before the committee and sworn, testifies and says ; 

Int. 1st. — Do you know anything as to the commission 
of outrages recently committed, either against the mem- 
bers of the Legislature of Alabama, or against the good 
and law abiding citizens of said State ? If so, please state 
what, when, by whom committed ? 

Ans. — I saw a Mr. Edmund Belcher, of the county of 
Randolph, Ala., between the 1st and 10th of October, ult., 
who is about 55 years of age, a good citizen, and a Union 
man, who seemed to be bruised on the top, and other parts 
of his head, with blows with pistols, as he related to me. He 
further states that he was taken out of his bed about mid- 
night, by an armed band of men, who tied a rope around 
his neck and took him out some two hundred yards to a 
grave yard, and there knocked him down with pistols, as 
aforesaid, and stamped him severely on his head and face, 
knocking out several of his front teeth. It seemed to have 
been recently done ; his face having the marks of violence 
which confirmed his statements to me. His watch-dog 
rushed at them, as they entered the yard, and was shot 
down by the mob. They were 10 to 15 in number. After 
they took the old man out to the graveyard, a colored man 
came down the road, whom they knocked down, and after 



75 

having been knocked about awhile, made his escape. They 
then made the old man run up and down the road until he 
was perfectly exhausted. His body was badly bruised, 
and his neck much swollen. They stripped him as naked 
as he was born into the world, and then whipped him with 
black-jack brush ; the ends of which penetrated his flesh 
one to one and a half inches. This I saw ; the old man 
showing me the bruises and stripes on his person. He, 
Belcher, was forced to leave the county, and went to North 
Alabama, being then on his way, in the city of "Wedowee, 
accompanied by his family and both his sons-in-law. 

Many persons, Union men, in the Southern portion of 
Eandolph, were afraid to vote, and did not vote, to the 
number of about 150 persons, embracing about four pre- 
cincts, or voting places. (Seven voters voted for Grant, at 
Eock Mills, in said Eandolph county, and were not count- 
ed, as was stated.) The aforesaid number, 150 men, were 
so intimidated by the threats and violence of the Demo- 
cratic, or so-called conservative, or secession, or rebellious 
party, that they were afraid for their lives, if they ventured 
to exercise their right 'of voting. 

E. S. HEFLIN. 

Signed and sworn to, after being read over and approved 
by affiant, this 3rd day of December, 1868. 

G. T. McAfee, Chairman. 



State of Alabama, 

Mobile County. 
Personally appeared before me, T. J. Bums, a Justice of 
the Peace in and for said county and State, Edward 
Brown, a resident of Clarke county, of said State of Ala- 
bama, who being duly sworn, deposes and says : That on 
or about the 3d day of November, 1868, during the election 
for President and Vice President of the United States, 
while attempting to exercise the right of suffrage, at the 
poUing place, Suggsville, Ala., he was assaulted by several 
parties, and driven from the polls. 



76 

And further : That about 12 o'clock on the night of the 
3d, a crowd of rowdies, composed of the following-named 
parties, to-wit : James Mobbs, Si Allen, James Owen, 
John Odom, Milton Barnes, Charles Hamilton, Robert 
Goodloe, and Turner Goodloe, came to his house, called 
him from his house, and assaulted and beat him over the 
head very severely, bruising and gashing him terribly. 
And further — gave him notice that he must leave the coun- 
ty, after filing two shots at him from their revolvers ; and 
said affiant is now in Mobile, without means. He has, in 
Clarke county, property to the value of ten or fifteen hun- 
dred dollars. He therefore prays your honorable bodies 
that some law may be passed for his relief, and all others 
similarly circumstanced. 

EDWARD (his X mark) BROWN. 

Sworn and subscribed to before me, this 10th day of 

November, 1868. 

T. J. Burns, Justice Peace, M. C. 

Witness to same — Jas. G. Stuard. 



State of Alabama, 

Mobile county. 
To the members of the Legislature of Alabama : 

I, Bryant Wood, a native of the State of Georgia, and 
for about twenty years a resident of Choctaw county, in 
the State of Alabama, under oath, say, that on or about 
the 3d day of November, A. D., 1868, in the afternoon, 
while I was in the town of Bladon Springs, Choctaw coun- 
ty. State of Alabama, one James Evans, a resident of said 
county, committed an assault upon me, striking me on the 
head several severe blows, giving as a reason for so doing 
that I had refused to vote for him for a member of the 
State Legislature. The same night the said James Evans, 
and others, came to my house after I had retired to bed, 
and informed my wife that I should not be allowed to live 
in Bladon Springs. A day or two afterward Robert Herron 
and George Hicks came to my house and notified my wife 



77 

that I should not be allowed to live there after the ensuing 
Thursday. My friends all expressed to me their opinion 
that I would be killed if I remained, and I left my home 
and came to this city. I do not dare to return, believing 
that my hfe would be in danger if I did. A number of col- 
ored people came to me before I left, and told me that they 
had been notified by the same James Evans to leave. And 
now I pray your honorable body to enact a law that will 
enable me to bring James Evans and his confederates to 
trial at a place where I can appear to testify against them, 
so that I may be able to return to my home and live in 
peace and security. BEYANT WOOD. 

Subscribed and sworn to before me, this tenth day of 
November, 1868. 

G. HoRTON, Judge of Probate. 



Simeon Brunson, being brought before the committee 
and sworn, testifies and says : 

Int. 1st — Do, or did you know one Meridy Crossland, a 
member of the House of Representatives of the General 
Assembly of Alabama ? 

Answer — I do. 

Int. 2d — Please state what you know about his recent 
death, and of those, if any, who were with him at the 
time, giving dates, places and circumstances ? 

Answer — I know Meridy Crossland, a member of the 
Legislature, and saw him shot, and my step-son, James 
Byers, a lad about seventeen years old, was also shot at 
the same time, with rifles, on the morning of Saturday, 
the 14th day of November, 1868, just as they, in company 
with myself, had crossed the Shirley bridge, lying across 
the Sipsey river, in the county of Tuscaloosa, about 15 
miles above the city of Tuscaloosa. Three shots were 
fired, in quick succession ; and at the crack of the guns, 
my step-son Byers fell, and appeared to turn over on his 
back as if killed instantly ; so, hkewise, did Crossland fall, 
and seemed to be dying. The mule upon which my step- 



78 

son was riding, appeared to have been shot, and seemed to 
be reeling under the efTect of the shot. The shots, as well 
as I could determine, from the crack of the guns, were fired 
under the cover of the bridge, over which we all had just 
rode, and the conviction was confirmed bj seeing the 
smoke of the burnt powder rise up from behind the abut- 
ment upon which the bridge rested, on the bank of the 
river next to us, on my right, as I looked back towards the 
point from whence the sound came. 

Int. 3d — What disposition did you make of Crossland 
and Byers, if any ? and also of yourself '? 

Answer — I made my escape, and left the parties shot to 
be cared for by the friends and neighbors. 

Affiant further states, under oath, that he, immediately 
after the aforesaid killing of Crossland and Byers, went 
down to the city of Tuscaloosa, and went to the Sheriff, 
whose name, I think, is Thomas Lewis, and tried to get 
him to take men and go with me, to search for and appre- 
hend the murderers, but he refused ; and on being urged 
to make an effort, he told me he could not get a man to 
go. He turned to the persons who were present, and 
seemed to try to get them enlisted to go, but he failed ; 
and I could not prevail on a man, or civil officer, to go 
with me. 

SIMEON BEUNSON. 
Signed and sworn to, after being read over and approved 
by affiant, this 19th November, 1868. 

G. T. McAfee, Chairman. 



Gentlemen of ilie Committee: 

In filling the appointments assigned us by the Executive 
Committee, at Montgomery, we reached our appointment 
at Gaston, Sumter county, on the 27th of November last, 
when and where we met a number of men, who, from their 
boisterous cursings and abuses, seemed determined, not 
only to break up our meeting, but to do us personal vio_ 



79 

lence, as the sequel of their conduct proved. They created 
all manner of disturbance, threatened violence and per- 
sonal attack upon one of our party while speaking, and 
used all kinds of threats, menaces and abuses, intending to 
intimidate and disturb the quiet and peace of our meeting, 
to such an extent as to draw guns and pistols, and brandish 
them in the air, threatening to shoot one of our speakers, 
if he did not desist from his harangue, and "come down 
from the stand," To all of this he made no reply, in order 
to avoid any collision between the two races. While 
another of our speakers was addressing the company, a 
man named Miller Tarvin told one of our party that he 
intended to kill him — that there were fifteen of his band, 
all armed with double-barrelled shotguns, and that a part 
of them were then awaiting in ambush for us, as we passed 
on the road to our next appointment, at Livingston, and 
that they intended to murder the whole party, and hide 
our bodies where we never could be found. He also stated, 
that he was "backed by the entire community," and that 
we should "never reach Livingston, certain." He said 
they were "good for us," and there was no means of es- 
cape. He made all manner of threats, exhibiting his pis- 
tol constantly in a very menacing manner. After the ad- 
dresses were concluded, we drove out of town, in order to 
change carriages, and on our return through the village, 
we were met, on the outer-edge of town, by this man 
Tarvin, and one Coleman Ezell, with a double-barrelled 
shot gun, and pistols. When about to pass them, they 
commenced firing upon us, and continued to fire for five, 
or six, or eight shots, as we drove out of reach of them. 
While passing up the street, through the town, we were 
fired upon several times, from the sidewalks, by men, who 
seemed to be stationed there for that purpose, and perhaps, 
some shots were fired from shops, or houses, on the street. 
We have good reason to apprehend that this assault was 
premeditated and pre-arranged. We escaped unhurt, but 
one wheel of the carriage was struck during the first firing 



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SO 



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:l mill 
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by Tarvin and Ezell, and their shots were heard distinctly 
as they passed near us. 

The names of all the parties, or at least, of several of 
those concerned in this unprovoked disturbance, and cow- 
ardly assault, can be furnished your Committee, if desira- 
ble. The driver of our carriage is named Darden, and re- 
sides at Livingston, Ala., and we respectfully request that 
your Honorable Committee send for this man, in order 
that you may obtain his testimony, which we deem quite 
important. 

We would further state, that we have good reason to 
believe that this band followed us as far as the railroad, 
but by taking a route not usually traveled, between Gaston 
and Liv'ngston, we, in our opinion, evaded them, and 
escaped their contemplated assassination. 

WM. GILMORE, 

J. L. PENNINGTON, 

GEO. F. HARRINGTON. 

Signed and sworn to, after being read and approved by 
affiants, this 24th November, 1868. 

G. T. McApee, Chairman. 



LIBRftRY OF CONGRESS 



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